DUI and citizenship

quert1

Registered Users (C)
My husband met with an accident(nobody else was hit) while driving back from a bar. He was briefly unconscious, when cops came. He refused the blood test and was not explained consequences by the officer. He was charged with class 1 misdemeanor and was taken to jail. He was released by submitting a 500 dollar bond. He has a court hearing in january. His citizenship is in process and we are waiting for an interview call (we live in fairfax, VA). We are extremely concerned that these charges may have an effect on the naturalization process so looking for an experienced attorney with awareness of immigration law. ANY information or advice from the experienced/knowledgeable member will be highly appreciated. Please help. Thank you.
 
The best advice is to have a good immigration laywer involved. It is very important as an N400 applicant, it is your responsibility to desclose all the arrests/conviction to USCIS. Your citizenship will be stripped and put in deportation if USCIS found out later. You will be asked during your interview if there is any changes to your application in terms of any status, you will have to disclose the incident. In fact, this same question will be asked again before your oath if you passed interview. You will be most likely to receive an continuence for your interview if the DUI case is still pending the disposition with the court when you are going for interview. The critical part is under immigration law, the DUI conviction consided as CIMT and it is an deportable offence. An immigration lawyer will be able to help you seeking other waiver or other option.
 
Citizentobehz is right. Your husband's sitaution is precarious enough that it warrants professional guidance. Don't consider us novices and our advice as the remedy to your husband's issue.
Good luck to him and his N-400 case.
 
Top