DUI and N-400

Z

zenchiu

New Member
Hello,
1)
I got 2 DUI's. One in Feb, 2001 and the other in Feb, 2002. What are the chances of becoming US citizens if I apply in Jan, 2007?

2)
There is one question I am confused about in N-400:

- Have you ever been charged with committing any crime or offense?
(Should I put yes or no? Not sure the difference between this question and the one below)

- Have you ever been convicted of a crime or offense?
(Yes. Since I went to court and was sentenced to pay fine, and do some community service work)

Thank for your advise.
 
IMO - "yes" to both Q's, and you'll chances will increase after Feb 2007 since it'll be 5yrs from the most recent DUI.

You should however seek advice from a qualified immigration attorney as any N-400 case involving one (or in this case two) crimes of moral turpitude can be problematic.
 
zenchiu said:
Hello,
1)
I got 2 DUI's. One in Feb, 2001 and the other in Feb, 2002. What are the chances of becoming US citizens if I apply in Jan, 2007?

2)
There is one question I am confused about in N-400:

- Have you ever been charged with committing any crime or offense?
(Should I put yes or no? Not sure the difference between this question and the one below)

- Have you ever been convicted of a crime or offense?
(Yes. Since I went to court and was sentenced to pay fine, and do some community service work)

Thank for your advise.
Click to expand...
boatbod is correct. Get all documentation pertaining to the DUI's, talk to a qualified attorney and file you N-400 AFTER February 2007.
 
Help on going through N-400 for DUI

Thank you BOATBOD and N400APPLIER.

Could you (or anyone) help me confirm my answers to the remaining DUI questions on N-400....Thanks

Q) Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
-> NO **My sentence is probation, fine, sheriff weekend work, dui school. Is that considered alternative sentencing?**

Q) Have you ever been in jail or prison?
-> YES **When I first got arrested, I was sent to county jail and stayed for 7 hours before bailed out. Does that count?**

Q) Date arrested, cited,detained or charged?
-> **Is date arrested different from conviction date?**
 
My answers are below. You safest option is to hire an experienced lawyer who has dealt with dui tainted USCIS cases.
Good luck!!!

zenchiu said:
Q) Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
-> NO **My sentence is probation, fine, sheriff weekend work, dui school. Is that considered alternative sentencing?**
Click to expand...
I would answer yes since dui school may be considered a rehabilitative program
zenchiu said:
Q) Have you ever been in jail or prison?
-> YES **When I first got arrested, I was sent to county jail and stayed for 7 hours before bailed out. Does that count?**
Click to expand...
Yes it does count. You were in jail for 7 hours, so answer yes.

zenchiu said:
Q) Date arrested, cited,detained or charged?
-> **Is date arrested different from conviction date?**
Click to expand...

Unless you were arrested, taken to jail, bailed out, appeared in court and formally convicted on the same day, then you will have a separate arrest date and a separate convicted date.
 
zenchiu said:
Thank you BOATBOD and N400APPLIER.

Could you (or anyone) help me confirm my answers to the remaining DUI questions on N-400....Thanks

Q) Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
-> NO **My sentence is probation, fine, sheriff weekend work, dui school. Is that considered alternative sentencing?**

Q) Have you ever been in jail or prison?
-> YES **When I first got arrested, I was sent to county jail and stayed for 7 hours before bailed out. Does that count?**

Q) Date arrested, cited,detained or charged?
-> **Is date arrested different from conviction date?**
Click to expand...
zenchui,

Triple Citizen is accurate on all the answers. Contact a Lawyer BEFORE sending in N-400...
 
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