Applying for citizenship after DUI..

[ladyvwj]

Hi everyone,

I tried to look up threads similar to mines but could not find anything like it or recent anyway. I'm helping my friend apply for her citizenship. She's a permanent resident alien but got a DUI (CA) and judged guilty a little over three years ago. She served community service and was put on probation for three years. She attempted to apply two years ago not knowing that it would affect her application and was denied because she had not passed her probation period. She's only been married to a US citizen for one year. If it matters, she is in her mid-thirties. My question is, I've heard people mention waiting 5 years after the DUI judgement so has anyone had any luck from applying soon after the probation period has ended? She only has that one offense. No other citations that I am aware of. Also, will having been denied last time have an affect on this time? Help?

Thank you!

 

[ladyvwj]

To add: no property was damaged and no person(s) were injured. She was cited after pulling out of a night club parking lot.

 

[djh]

well you couldn't have searched too hard there is a lot of relevant info about this. I have posted several times on this as well.

it was a waste of her time (and money) to apply when she was on probation - I have no idea why she wouldn't have thought a DUI wouldn't affect her!? Especially when you have to fill out that section of the application about arrests.

Anyway, that's history.

Many people on here give advice, with best intentions but sometimes its good sometimes it's not.

As for waiting 5 years, it's based on the fact that you've passed the 5 year hurdle if you've done something that would call into question "moral turpitude", and therefore it's the safe answer because you've proven yourself.
It's not the right answer but the safe one.

DUI is not a "habitual drunkard" which is a moral turpitude issue and DUI is not.

She can apply after her probation is completed/court shortened. So in CA the typical first time offense is a 3 year probation. You can apply to the court after 1/2 that time to have it ended, the DA will object but you can make your case to the judge showing your good standing since then and state you are prohibited from applying for your citizenship - most of the time the judge sides with the person, if they show respect and show they understand the seriousness of their arrest/crime.

At that point you have court papers (very important to have) showing your probation is ended. You must also have ALL your court papers and arrest record and submit that with the application.

She will get approved and won't hold back approval due to her DUI, in fact if you search the government's immigration site, there is text indicating that a DUI should not be deemed a "moral turpitude" issue - I have found it previously but no longer have the reference. HOWEVER, as with anything in dealing with an immigration officer, it's widely variable and they can put their interpretation on this and deny, but it's unlikely and hence why she should have this printed reference with her when she goes to the interview.

How do I know this? Because I had a DUI in CA as well and I now have my citizenship.

I wrote briefly about my interview experience in this post, near the bottom of the page....

http://forums.immigration.com/threads/2014-february-n-400-tracker.319853/