Arrested DUI on mid June and scheduled for naturalization interview on beginning of July

[jk94]

I am just waiting for the naturalization interview but I got arrested for DUI on mid June.

My court date is scheduled to be mid August.

I have decided to skip the interview process due to the fact that I know that my case will not be dismissed.

Are there any consequences on that if I decide to just skip without notifying USCIS?

Also, let's say something miracle had happened and my case got dismissed on mid August or my conviction was reduced to wet/dry reckless. Can I re-apply naturalization right after the court cases? (of course I will pay all the fines and finish all the necessary consequences before applying)

What is my best option?

 

[CalGreenCard]

You are allowed to postpone your naturalization case once no questions asked. However even a wet or dry reckless is considered a criminal conviction albeit somewhat less serious than the original DUI charge. There will be a period of probation for a wet or dry reckless--shorter than for a full DUI but still long enough that you can't "stall" the N-400 process until you are off probation. You won't be able to naturalize until you are off probation so if you get convicted of DUI, wet, or dry reckless you are definitely looking at the current N-400 being denied, serving a probation period, and then applying again when your probation is done. I think with any criminal conviction--even the more minor dry reckless--your current N-400 will be derailed but the probation period will be shorter for a dry reckless and you can apply again sooner.

Regardless of what you are convicted of you should probably try to get it expunged after the period of probation is over--in CA this is called a PC 1203.4 dismissal. Although the feds are required to recognize an expungement all things being equal it certainly looks better.

Like I say you can postpone the N-400 interview once to try to stall for time but I think unless you get the charges totally dismissed--not just reduced--you will be out of luck this time around.

 

[CalGreenCard]

Although the feds are required to recognize an expungement all things being equal it certainly looks better.

I meant to say--they are NOT actually REQUIRED to recognize an expungement. But in cases where they have some discretion--for example you are done with probation, have had no further trouble with the law, and have only the one DUI on your record--it definitely looks a bit better to get that expungement.