DUI and N-400 Questions

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Bandham1

Registered Users (C)
Hello Everybody,

I am applying my citizenship based on 5 years residency. I live in NJ and last year I was arrested for a DUI and was charged. My license was suspended for 3 months, went to 12 hours of IDRC and paid all court fines. There was no probation and also have the court disposition paper work. I will be applying for citizenship in a week and I request your assistance in answering the following questions from form N-400:

16) Have you ever been arrested, cited, or detained by any law enforcement officer (Including USCIS or former INS and military officers ) for any reason?

A) I answered YES.

17) Have you ever been charged with committing any crime or offense?

A) I am not sure but assuming this also YES.

18) Have you ever been convicted of a crime or offense?

A) This I am not sure.

Please let me know what are the right answers. Any guidance will be really appreciated. This forum has been a great help for me when I was going through my GC process.
 
Bandham1 said:
Hello Everybody,

I am applying my citizenship based on 5 years residency. I live in NJ and last year I was arrested for a DUI and was charged. My license was suspended for 3 months, went to 12 hours of IDRC and paid all court fines. There was no probation and also have the court disposition paper work. I will be applying for citizenship in a week and I request your assistance in answering the following questions from form N-400:

16) Have you ever been arrested, cited, or detained by any law enforcement officer (Including USCIS or former INS and military officers ) for any reason?

A) I answered YES.

17) Have you ever been charged with committing any crime or offense?

A) I am not sure but assuming this also YES.

18) Have you ever been convicted of a crime or offense?

A) This I am not sure.

Please let me know what are the right answers. Any guidance will be really appreciated. This forum has been a great help for me when I was going through my GC process.
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Answer YES on all your questions, and most likely you have to contact a lawyer, your chance to be denied is too high.

DUI is a serious criminal offense, you better consult with immigration lawyer im not talking about Naturalization, I m talking about to keep your GC. You are not eligible for citizenship right now
 
Uncle Joe said:
You are not eligible for citizenship right now
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Unless the DUI was aggravated, it is not considered a CIMT.
A non CIMT DWI during statutory period does not make one ineligible for naturalization. Many have successfully obtained citizenship with a DWI during statutory period.
 
Bobsmyth said:
Unless the DUI was aggravated, it is not considered a CIMT.
A non CIMT DWI during statutory period does not make one ineligible for naturalization. Many have successfully obtained citizenship with a DWI during statutory period.
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Thank You for your prompt response.
 
It is not a big deal. Even the worst case if denial and you lose $500.
At this point, it is a worthy gamble.

And I don't think a lawyer can help much in this not so complictaed case. The winning is the same but you don't have to bet $675+lawyer fee. Betting $ 675 is enough.

Good luck
 
WBH said:
It is not a big deal. Even the worst case if denial and you lose $500.
At this point, it is a worthy gamble.
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At the very least the OP should first determine if his DWI is considered a CIMT instead of blindly applying.
 
Bobsmyth said:
At the very least the OP should first determine if his DWI is considered a CIMT instead of blindly applying.
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I don't think It is deportable. If it is deportable then it is life time deportable
and life in USA may become nightmare that is not worth living.
if it is not deportable then the biggest possible loss if $ 675.
So as I said, it is a $ 675 bet. Let the OP estimate the odds and make a decision whether to bet or not
 
Bobsmyth said:
Unless the DUI was aggravated, it is not considered a CIMT.
A non CIMT DWI during statutory period does not make one ineligible for naturalization. Many have successfully obtained citizenship with a DWI during statutory period.
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Question about statutory period for DWI, how long does it take?
One of my friends got DWI/DUI 13 years back. After that clear records, not even a single traffic ticket.
 
Uncle Joe said:
Question about statutory period for DWI, how long does it take?
One of my friends got DWI/DUI 13 years back. After that clear records, not even a single traffic ticket.
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For naturalization purposes, the statutory period for moral character determination with a CIMT is either 5 or 3 years depending the rule the applicant applies under.
 
WBH said:
I don't think It is deportable. If it is deportable then it is life time deportable
and life in USA may become nightmare that is not worth living.
if it is not deportable then the biggest possible loss if $ 675.
So as I said, it is a $ 675 bet. Let the OP estimate the odds and make a decision whether to bet or not
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Blindly playing the odds if not a good idea. A CIMT can lead to inadmissibility (not the same thing as deportability). Finding out if the DWI is a CIMT is the first step the OP should take instead of going along with your bet analogy.
 
Bobsmyth said:
Blindly playing the odds if not a good idea. A CIMT can lead to inadmissibility (not the same thing as deportability). .
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If inadmissibility is different from deportability but he is already admiited so how can inadmissibility apply? If he wats to make a trip, he can come back within 6 months so he is not seeking admission
 
WBH said:
If inadmissibility is different from deportability but he is already admiited so how can inadmissibility apply? If he wats to make a trip, he can come back within 6 months so he is not seeking admission
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The rules differ between what constitutes inadmissibility and deportability.
An applicant applying for naturalization can trigger inadmissibility and removal proceedings for certain serious crimes committed, but depending on the crime may seek relief under petty theft exception. However, there is no petty theft exception for someone under deportation.
Don't confuse removal proceeding with deportation.
 
Bobsmyth said:
The rules differ between what constitutes inadmissibility and deportability.
An applicant applying for naturalization can trigger inadmissibility and removal proceedings for certain serious crimes committed, but depending on the crime may seek relief under petty theft exception. However, there is no petty theft exception for someone under deportation.
Don't confuse removal proceeding with deportation.
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Removal=deportation. Removal is now official term for this process. Deportation is the old term

SO far as PRs are concerned:
Inadmissibility is about whether you are eligible for green card application when you do not have.
Removal/deportability is about whether you should keep your permanent sidence after you alreay got your green card.
 
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WBH said:
Removal=deportation. Removal is now official term.
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False. Inadmissibility and deportation are grounds for removal. Both lead to removal proceeding and can lead to actual removal. An applicant can trigger removal proceeding on the grounds of inadmissibility and consequently be ordered removed, but it doesn't mean they fall under grounds of deportation.
 
Bobsmyth said:
False. Inadmissibility and deportation are grounds for removal. Both lead to removal proceeding and can lead to actual removal. An applicant can trigger removal proceeding on the grounds of inadmissibility and consequently be ordered removed, but it doesn't mean they fall under grounds of deportation.
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If they are removd, then they are deported. Right now they do not use the term deportation anymore. It is just called removal. Inadmissibility only means
one can not ajust to permanent residency or can not physically enter USA
when they are out.
 
Bobsmyth said:
For naturalization purposes, the statutory period for moral character determination with a CIMT is either 5 or 3 years depending the rule the applicant applies under.
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He's a Permanent Resident since middle of 80s(over 20 years), but he's applying under military service.
 
Bandham1 said:
Thanks Every body for all the responses. You are all are right the answers will be yes.
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Your offense reflected poorly on the military. You should weigh the cost of applying now and waiting for a period of 5 years to clear a small bar of acceptable moral standard or the possibility of USCIS trying to tighten the screws on your buttocks...:D NJ seems to be tough for such offenses, so I wonder what else it can lead to with immigration...:rolleyes:
 
Al Southner said:
Your offense reflected poorly on the military. You should weigh the cost of applying now and waiting for a period of 5 years to clear a small bar of acceptable moral standard or the possibility of USCIS trying to tighten the screws on your buttocks...:D NJ seems to be tough for such offenses, so I wonder what else it can lead to with immigration...:rolleyes:
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You have issues buddy. You offer no advice and over that bash people, i saw your responses on other threads as well.
 
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