naturalization w/dui misdemeanor

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Clueless84

New Member
So, i've been a permanent resident for 8 years and finally applied for citizenship. I've had a clean record up until last Saturday when i got pulled over for a DUI. My case is obviously still pending, court isnt until December, and I have my naturalization interview this Friday. Is this an automatic denial and is this grounds for deportation? I'm so scared and pissed off at myself that i had to screw things up right before my interview. Can anybody answer my questions, and do i still have hope? Thanks.
 
Deportation.....naaa I don't think so

Clueless84 said:
So, i've been a permanent resident for 8 years and finally applied for citizenship. I've had a clean record up until last Saturday when i got pulled over for a DUI. My case is obviously still pending, court isnt until December, and I have my naturalization interview this Friday. Is this an automatic denial and is this grounds for deportation? I'm so scared and pissed off at myself that i had to screw things up right before my interview. Can anybody answer my questions, and do i still have hope? Thanks.
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Clueless,

Make sure you take the citation with you on the day of the interview. Also make sure you go to your local DMV and get your last 5 yrs of driving record. This will be a proof that this is your first time getting involved with DUI and for the last 5 yrs you have been a safe driver and have always respected the rules and regulation. If the officer comes to a question if he asks you...
Have you ever been cited and stuff like that. 're Let the officer know politely that unfortunately you were cited for DUI few days back & you're hoping for a positive outcome. Just keep praying, relax & hopefully you will do fine.
 
I want to say something positive but it just happened recently One good thing is you are not convicted yet. Last five years you have had a good moral character. So thats a plus. But I am still afraid that they might ask you how you are going to plea in the court. If you are gona plea guilty than it can be considered as conviction and you might be denied and will be asked to reapply after 5 years.I don't think this is a case of deportation. I read in this forum before that someone with two DUI convictions and five years after completion of successful probation had received the approval for citizenship. Your problem is it just happened. I feel your pain, but as Atlantabrother said: Pray a lot. Good Luck.
 
hopeful44 said:
I want to say something positive but it just happened recently One good thing is you are not convicted yet. Last five years you have had a good moral character. So thats a plus. But I am still afraid that they might ask you how you are going to plea in the court. If you are gona plea guilty than it can be considered as conviction and you might be denied and will be asked to reapply after 5 years.I don't think this is a case of deportation. I read in this forum before that someone with two DUI convictions and five years after completion of successful probation had received the approval for citizenship. Your problem is it just happened. I feel your pain, but as Atlantabrother said: Pray a lot. Good Luck.
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you could also consult an immigration lawyer over phone. it will cost you a bit for good ones but in my opinion it would be money well spent.

NB: i am not an attorney or work for one. so this is a friendly advice.
 
DUI is not an automatic denial, but any pending court case (unless it is only a purely civil case, like a lawsuit or divorce) against you is an automatic delay. They will delay your approval or oath until after the case is concluded.
 
I believe two DUIs enables deportation, so you're still good. Make sure you're being completely honest and disclose this arrest to the IO. As others have said, worse case scenario is that you have to wait 5 years.

And not to preach but another DUI might get you deported...
 
realexm said:
I believe two DUIs enables deportation, so you're still good. Make sure you're being completely honest and disclose this arrest to the IO. As others have said, worse case scenario is that you have to wait 5 years.

And not to preach but another DUI might get you deported...
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i believe dui/dwi is NOT a deportable offense!(see:leocal vs ashcroft)
 
Do not offer any information unless asked. If they ask...any arrests or tickets since you filled out the application, tell the truth. They may approve the application, or delay the approval till after your DUI court decision. They will not take any negative action till the court makes a decision. Even if they take negative action you will have a chance to appeal.
Get a good DUI lawyer...and try to plea down to reckless driving or something. Most DAs will let you do that for first time offenders with clean record, if there was no accident involved.
 
Bobsmyth said:
You have no choice but to mention any arrest before oath..it's one of the questions on n-445 form.
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I was talking about the interview not oath.
During the interview, some IOs go over the entire application...other select a few items like travel.

And N445 asks about after the interview....not before the interview.
 
harvydonald said:
I was talking about the interview not oath.
During the interview, some IOs go over the entire application...other select a few items like travel.

And N445 asks about after the interview....not before the interview.
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I'd be very surprised if an IO skips over question about arrests at interview since the whole purpose of interview is to verify if any of your circumstances have changed since applying.

My point about the N-445 is that you will have to answer about any arrest, so not providing that information is liable to get you into lots of trouble.
 
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Your N-400 case cannot be approved until the outcome of the DUI/DWI is known. If convicted, you will very likely be denied natz until the conviction falls outside the 5yr CIMT window. If I were in your position, I would get the best lawyer I could afford and then fight like hell to get the charges dismissed.
 
boatbod said:
Your N-400 case cannot be approved until the outcome of the DUI/DWI is known. If convicted, you will very likely be denied natz until the conviction falls outside the 5yr CIMT window. If I were in your position, I would get the best lawyer I could afford and then fight like hell to get the charges dismissed.
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I've had a DUI in July 2007 - my interview is scheduled for October. DUI/DWI is not a deportable offence and it is not a CIMT in most states, so the 5 year window does not apply.

However, one cannot be naturalized while criminal charges are pending, or while on probation if convicted. You will not necessarily be denied, my attorney told me that in cases like that you can ask USCIS to delay adjuducation of your petition until your criminal case is resolved and you will serve out your punishment if convicted.

So try to get your case dismissed, failing that you would have to finish your probation before USCIS could give you a positive answer.
 
wombat said:
DUI/DWI is not a deportable offence and it is not a CIMT in most states, so the 5 year window does not apply.
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I didn't say it was a deportable offense, but a recent DUI is likely to cause your case not to be approved.
 
boatbod said:
a recent DUI is likely to cause your case not to be approved.
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Yes, as I said, USCIS regulations preclude naturalization of a person who is subject to ongoing criminal proceedings. So if one's criminal case is pending or continued without finding (CWF),or some such;the USCIS could only either deny the natz petition or delay the adjuducation pending the final disposition of the criminal case.

However, once the person paid all the fines, did all the community service/probation/alcohol education prescribed by the court (s)he could be naturalized, so by itself the recent DUI is not an obstacle. For practical purposes, it means ar least a year from the date of DUI before one could be naturalized.

And in any case, I would advice hiring a good competent immigration attorney to take along to the natz interview if there was a recent DUI.
 
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Clue,

You MUST postpone your upcoming interview which I guess tomorrow since there is no point in going to the interview when you have a ongoing criminal case. INS cannot approve an application for citizenship if applicant has a pending criminal case or serving a probation or alternate sentencing.

Focus on taking care of criminal case. Talk to your attorney if he could talk with prosecutor to dismiss it after doing some community service but before the interview. Criminal attorneys plea bargain with DA all the times in this kind of situation.

I don't see saying it's a misdemeanor (unless I've missed it), but I see others saying it. So, is it a misdemeanor or a felony? Do you have any other misdemeanor on your record? Just you to know- two misdemeanors could make your deported.

Good luck...
 
Clueless...
Basically DWI is not a CIMT .Yes it will delay your interview as they wont give u approval till your case disposition is submitted.What was your .BAC ? If it is your first DWI and you were in lower limits (.08,.09,.10) try to get it reduce it to DWAI (Not a misdeamenor just a traffic fraction). Which state you are in ? Was there any accident involved ?
Again I am telling you its not a CIMT and so USCIS is ok with it as long as you have disposition with you.There are BIA rulings on this (search the USCIS site for BIA rulings).
Your best bet at this point is to get your DWI reduced to DWAI and attend the alochol classes. Dont LIE I repeat DONT LIE to USCIS tell them.
I had DWI right before my interview as well. Attorneys and all others scared the sh..it out of me man .. with deportation and stuff like that.
But then I did my research and BIA ruling is there for single DWI offense as not a CIMT
then there is ruling by 2nd district court on this and now also from Supreme Court (guy was deported because he had felony DWI,in which he had accident and people got injured).Even his deportation is taken back by Supreme Court.

So to sum up .... Dont PANIC. Try to get your DWI reduced to DWAI if possible.If not try
to avoid Probation. Because as long as you are on probation USCIS wont approve your case. AND BE HONEST WITH USCIS ..... DWI IS NOT A CIMT.
 
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