DUI and good moral character

B

billy-bob

Registered Users (C)
I was arrested for misdemeanor DUI in 2002. The case was delayed for a few years and the DUI was reduced to negligent driving, paid a fine and licence was suspended for a while. The conviction was in 2005.

I told the INS about the arrest, showed to court documents, police report etc when I was invited to the interview in 2003, and it wasn't an obstacle.

I read about the 'good moral character' requirement of 5 years with no CIMT or similar offenses. The uscis web site doesn't mention DUI, and one misdemeanor DUI is not a CIMT as far as I know.

Is one DUI within the last 5 years an obstacle for naturalization? If it is, do they count from the time of the offense or the conviction? Does it help if the conviction is negligent driving?

If I apply after 5 years of permanent residency, the DUI _arrest_ will be more than 5 years ago, but the negligent driving _conviction_ will be less than 5 years ago. Does anyone know if this is going to be a problem?

Cheers,
Billy-Bob
 
These are tricky questions best posed to a lawyer experienced in these matters.

My opinion - a DUI conviction would definitely be a problem during the CIMT period, but while negligent driving may cause some additional questioning, I think its a lesser issue and won't cause you to be denied. Generally speaking if your conviction carries a fine over $500 or 1 year or more jail time/suspended sentence, you can expect problems. Otherwise its just a matter of providing the court certified paperwork.
 
Billy Bob,

Naturalization will use the conviction date, so if you apply right now, then your N400 will be denied because the Good Moral Character policy (you must be free of crimes in the last 5 years). Save your money now and apply in 2010 to be safe.
 
Agree with Boatbod, based on the annecodate reporting on the forums, I doubt very much with a DUI incident USCIS will approve n400 in the 5 year period.
boatbod said:
These are tricky questions best posed to a lawyer experienced in these matters.

My opinion - a DUI conviction would definitely be a problem during the CIMT period, .....
Click to expand...
 
answer

Sorry to bring up an old thread but now I can answer my own question - it wasn't a problem, I was naturalized a couple of weeks ago.

I didn't hire an attorney as I don't think a simple dui is a CIMT. If you get denied for it, a competent attorney should be able to sort it out. In my case the offence was more than 5 years ago which helped.

Don't drink and drive - the consequences can be harsh.

Thanks everyone for comments and good luck!
 
Congratulations! :) It happens that we sometimes give very conservative personal advice to people who otherwise go ahead and naturalize successfully. On the other hand it would be a horrible feeling if we tell someone that everything is going to be fine and then that person loses money or more when the application is denied.
 
You must log in or register to reply here.
Top