DUI and Citizenship - Very worried..Can't sleep

cjoshi

Registered Users (C)
Hello Everyone,
This is the chronological order of how things happened.


April 2006 - Applied for Naturalization (N400)
June 2006 - Had my fingerprints
July 2006 - Got my DUI in VA- 1st offense
Sept 2006 - Got officially convicted - Start of Probation
Jan 2007 - Had my interview - passed it. I was informed that because of the conviction they can't make decision right now. The Immigration Officer asked for all the paper work. He gave me 30 days to submit it.
Feb 2007 - Mailed all the court paper work
July 2007 - Got letter in mail saying that the citizenship is denied because I am on probation. Also accompanying was N336 form for the appeal
July 2007 - Filled the N336 form and submitted with check of $265.
Aug 2007 (2 days ago) - Got letter in mail saying I have an "interview" with Immigration Officer. Interview is on Oct 30 2007

Sept 2007 - Probation Ends
Oct 2007 - Date of Interview
.



I'm very worried as to what's going to happen now? From reading the posts I know that I won't be deported for 1st Offense. I've paid all the fines. Served two days in jail. Completed ASAP and AA meetings. I'm only driving on restricted license. Do I need to take a lawyer with me? I'm extremely worried.

What's the likely outcome of this. Remember I had already filed for naturalization before getting my DUI
 
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Hello Everyone,
This is the chronological order of how things happened.


April 2006 - Applied for Naturalization (N400)
June 2006 - Had my fingerprints
July 2006 - Got my DUI in VA- 1st offense
Sept 2006 - Got officially convicted - Start of Probation
Jan 2007 - Had my interview - passed it. I was informed that because of the conviction they can't make decision right now. The Immigration Officer asked for all the paper work. He gave me 30 days to submit it.
Feb 2007 - Mailed all the court paper work
July 2007 - Got letter in mail saying that the citizenship is denied because I am not probation. Also accompanying was N336 form for the appeal
July 2007 - Filled the N336 form and submitted with check of $265.
Aug 2007 (2 days ago) - Got letter in mail saying I have an "interview" with Immigration Officer. Interview is on Oct 30 2007

Sept 2007 - Probation Ends
Oct 2007 - Date of Interview
.



I'm very worried as to what's going to happen now? From reading the posts I know that I won't be deported for 1st Offense. I've paid all the fines. Served two days in jail. Completed ASAP and AA meetings. I'm only driving on restricted license. Do I need to take a lawyer with me? I'm extremely worried.

What's the likely outcome of this. Remember I had already filed for naturalization before getting my DUI

Sorry about your situation. It is a purely subjective decision of the DAO at this point, on the appeal. I suggest you look up pacer (get registered online) and look at the cases filed in your district courts and see for attorneys who are handling these cases and talk to them. Maybe you can take on eto the interview.
 
I think you will get approved since your prob period will be over. Even if they deny you, they don't deport. You could wait for some years and renew your gc and apply again with a clean slate if you don't get any more tickets.
 
Honest to goodness..This is the only thing that I have in my 5 yr driving record...Not even single traffic sign violation or speeding ticket. When I was taken in front of the magistrate (when I was in jail) he was shocked to see such an impeccable record. Hopefully everything will be OK.

Thank you.
 
OK, after reviewing your timeline of events, this is what I think.

You submitted an appeal and they granted you one. This entire appeal will be based on the N400 application that was denied back July 2007. The immigration officer will say that the USCIS denied you for two reasons.

1. You got your DUI in Jully 2006, this incident is well within the 5 year Good Moral Character violation

2. You were still on probation at the time of initial interview in January 2007, again another violation of 5 year of Good Moral Character policy

Base on these two reasons, the USCIS had every right to deny your N400

Now with this appeal interview, the immigration officer will most likely tell you exactly what I have typed here. Although your probationary period will be expired by the time of your appeal interview, you are still not eligible to be approved for the following reasons:

1. Your DUI incident is still within the 5 year Good Moral Character policy limit. You are clear to reapply for another N400 after July 2011.

2. This appeal interview is to discuss and explain your previous (1st) N400 result and it is NOT a second "interview" to maybe approve your initial N400!

Bottom line, although I am not a lawyer, I am certain that your best chances to reapply N400 and to be approved are not until after July 2011 when you are clear of any incident(s) for 5 years straight.

Have fun at your "interview", but I wouldn't hang my hat on good news.
 
As far as I know this is neither a case for deportation nor a denial of N400 outright. But make sure you submit everything.

I have heard ( not known first-hand) of old-DUI cases which have been approved in the past. But that is only after a certain period and no other crime was committed.

PS: I am a lawyer, this can't be taken as legal advice.

Worst case if they deny the N400, they won't deport you but you can expunge the record after a while & reapply after 5 years ( but still even expunged records must be mentioned on the N400 application, you can never hide information on N400 which is a clause for denial and possible deportation)...
 
As far as I know this is neither a case for deportation nor a denial of N400 outright. But make sure you submit everything.

I have heard ( not known first-hand) of old-DUI cases which have been approved in the past. But that is only after a certain period and no other crime was committed.

PS: I am a lawyer, this can't be taken as legal advice.

Worst case if they deny the N400, they won't deport you but you can expunge the record after a while & reapply after 5 years ( but still even expunged records must be mentioned on the N400 application, you can never hide information on N400 which is a clause for denial and possible deportation)...

I'm not a lawyer and I can tell you that this case won't get approved during this "appeal interview"! No need to go to law school to know the probability of this case outcome.

To cjoshi:

If you bring a lawyer to this "appeal interview", you'll be wasting your money and you'll get the same result as what I had type above. No need to waste your money on lawyers. Your case is black and white.
 
Cjoshi,
I agree with the rest here. Don't waste your money on a lawyer and be prepared for a negative outcome. Mircales do happen, just don't bank on them. As much as I would like to sympathise with you (being an immigrant myself who underwent N-400 within the last 12 months), the compassionate teetotaller inside me supports USCIS on this one.
 
Hold on guys...

I just checked something...I got my GC in 6/2001. Up until 7/2006 I didn't have any crimes, tickets etc on my records. Doesn't this count towards 5 yrs of period of having good moral character. From 1999 (When I came in US) to 2001 I didn't have any on my record either.

Let me reiterate...I filed for my Naturalization before I got my DUI. By the time I had gotten my DUI, I had already completed 5 yrs and 1 months.
 
Does not matter.

For eg. You have to report any tickets etc you get after the interview at the time of Oath. They will then make a decision on your application at that point.
 
Hold on guys...

I just checked something...I got my GC in 6/2001. Up until 7/2006 I didn't have any crimes, tickets etc on my records. Doesn't this count towards 5 yrs of period of having good moral character. From 1999 (When I came in US) to 2001 I didn't have any on my record either.

Let me reiterate...I filed for my Naturalization before I got my DUI. By the time I had gotten my DUI, I had already completed 5 yrs and 1 months.

The 5 years of Good Moral Character is often used by USCIS as the most recent 5 years.

Just because you were a "good moral character" for 5 consecutive years when you submitted your N400, USCIS don't care. USCIS want you to be "good" the 5 years from the date that they interviewed you.

Since you got your DUI in July 2006, your 5 year countdown clock starts then. So right now you're one year and 2 months in. You still have 3 years and 10 months to be good. Apply after July 2011. Sorry, it's reality.

Looks like your Green Card will expire around the same time in 2011. I would apply for a Green Card Renewel first (May 2011) and then apply for N400 in (August 2011).
 
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Thanks for replying and being honest..I will keep everyone posted on the outcome of the interview.

I won't have any problems renewing my GC, would I?
 
The 5-year statutory period is before Naturalization is adjudicated i.e. goes until oath date. In addition, the IO can even investigate facts outside the statutory period in order to determine the applicant's eligibility and "get the whole picture" about the applicant's Good Moral Character.
 
Yup, looks like you messed up and are paying the price. Sorry to be so blunt, but I think your chances of a successful appeal are rather slim. Generally speaking, you may not have a DUI any time within the 5 year good moral behavior window, however you will be able to reapply once the conviction rolls outside that time frame. Just don't get another one!
 
I agree with most, you are wasting your time with the appeal. USCIS has full discretion to determine moral turpitude here. That said keep a clean record for 5 years and re-apply. Nothing worst than being caught again and getting branded as "habbitual" DUI.

Cjoshi- is arrest mandatory in DUI cases? Is there a limit at which person is let go if some one else drives the car or does any DUI lead to an arrest? I was under the impression that arrest is no more than 24 hours. Why were you in prison for 2 days?
 
If you have a BAC of 0.15 or above the mandatory jail sentence is 5 days. The lawyer was able to reduce it to 3 days. I served 1 day the day I was booked and 2 days after actually being convicted
 
If you have a BAC of 0.15 or above the mandatory jail sentence is 5 days. The lawyer was able to reduce it to 3 days. I served 1 day the day I was booked and 2 days after actually being convicted

You should treat your second interview as a chance demonstrate that you have good moral character and that one incident was poor judgement rather than bad character. Get letters from collegues, township people like mayor etc, church etc any social work your did, charity and letters from them, police reports that you are clean except for that incident. These will also come in handy if you decide later to file in court since judge will use this to determine if you do indeed have good moral character.
 
I hope I am not too "picky" here. It won't be a second interview but rather a review of the decision for which new evidence may be submitted.

I agree with lotechguy in the sense that in the light of new evidence presented the USCIS review panel may rescind the decision.
 
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