DUII - Need answers to some application questions

S

stinger

Registered Users (C)
Hi

I am applying for citizenship now.
I have a DUII from some 10 years back.
I was arrested and stayed in jail overnight.
License was suspended for some days.
I entered 'Plea entry not guilty'
I completed diversion
Case was dismissed.

For section 10) Good moral character I want to answer YES to most of them, but what shoud I enter for below questions

18) Have you ever been convicted of a crime or offense
20) Have you ever receievd a suspended sentence, been placed on probabation, or been paroled


Also after my DUII when back in home country for vacation and applying for VISA renewal, I said to officer first when he asked have you been arrested, I said no first, but then ofcourse went into 221(g), submitted court papers, got VISA renewed later etc. Then on my I-485 I disclosed as my VISA was denied, have been arrested etc. Pls let me know what should I answer for below questions

24) Have you ever lied to any US government official to gain entry or admission into US

Thanks
 
I think you should answer No to Q18 and 20 since you answer Y to Q 19.

18) is about crminal conviction in crminal court, which you got away so you answer No

in the eye of USCIS, answering Yes to Q 19 is also considered conviction depending on selveral factors. So you answer
Yes to Q 19 and N to Q 18 and let USCIS make a decsion. Even it is a conviction, it does not matter anymore

18) Have you ever been convicted of a crime or offense
19) Have you ever been placed in an alternative sentencing or rehabilitive program (ex, diversion,...)?
20) Have you ever receievd a suspended sentence, been placed on probabation, or been paroled
 
Thanks much WBH. Those were the answers I too had in mind for Q)18-20.
Please can you let me know on Q24) as well. I plan to answer to 'No'.

Thanks
 
Did you answer "no" during your interview and then your lie was caught during your background check or you accidently said "no" and immediately corrected your answer to "yes"?

stinger said:
Please can you let me know on Q24) as well. I plan to answer to 'No'.
Click to expand...
 
I answered no first and then said yes. I do not exacatly remember, I might have said no twice before I said yes.
The interviewer saw I was bumbling, .smiled and said I need to go through background checks, ave 221(g) and send we will call back. This was back in 2003. Then afters FPs when they asked me to come back with new applciation. I disclosed 'YES' to all such questions and did the same in I-485.

The last 2 trips back into US (while on GC), I went thru that process, took to a separate room, asked if I was arrested before, I said yes and they let me go.

What If I had said no in the first interview, went to 221(g), FP, they found it there (but gave VISA, renewed it many times here in US and got GC later) and from then onwards I said yes.
Should I Say 'yes' for this question. How will that effect my N-400?
Concerned now :-(. But ofcourse I never got any non/immig benefit due to a lie at the end what so ever anywhere/anytime.

Thx.
 
If you said no andimmediately chabnged to yes during the same visa interview, do you rmemeber the consul took written note of everything you said? If not, then on paper only youir "Yes" answer was officially recorded. In that case,
I think you can ansswe NO to Question 24 on N-400

But I know the dilemma here is that you really don't know what the consul who interviewed at tha time really
wrote down.

If you plan to answer No as you said, I suggest you think up a backup plan about how to explain. But in case
you really needed this backup plan, don't give out impressionl that you planned this way. You should
behaved like you really think you can answer No
 
stinger said:
Then on my I-485 I disclosed as my VISA was denied, have been arrested etc. Pls let me know what should I answer for below questions

24) Have you ever lied to any US government official to gain entry or admission into US

Thanks
Click to expand...

Is there a similar question on I-485? and if Yes how did you answer at that time?
 
Thanks everyone.

WBH that is a nice point, I did check my I-485 now (thank goodness I have it still), but it doesn't have the exacat question, see for its questions below. I answered yes to only there

Hopefully my N-400 goes thru fine and fast (was stuck in GC phase so long, had to contact Senator/Congressman to have my GC approved since it was just stagnated even when no Name checks hits and clean FOIPA etc for so long, screwed up my marriaage plans).. don't want to go thru all that agian :-(

Another question I have is for the documents to be sent (Pls see verbatim from the document check list PDF).
I did get all those (below) documents when I was in 221(g) and gave them to the officier at that time.
Not sure now I have originals or copies, but am planning to attach whatever I have now to application.
Later I will go and get a new set (just in case) when I go for interview. Just want to get the aplication out first/fast

>Citattaion from copp
>Diversion completion
>Court dismissal

q1) Is that o.k or will the application be tuned down immediatly becuase/if they are deemed photocopies. (The ones I have now has clored seal on them, so hopefully I have originals)
Q2) Also if one went thru that (221(g) and/or) prolonged stuck-in-name-check, need FBII clearance etc phase during I-485, will the same happen when applying for N-400?



----From N-400 doc checklist PDF
If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, send:
An original official statement by the arresting agency or applicant court confirming that no charges were filed.
If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, send:
If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug
treatment or community service program), send:
An original or court-certified copy of the sentencing record for each incident; and
Evidence that you completed your sentence:
a. An original or certified copy of your probation or parole record; or
b. Evidence that you completed an alternative sentencing program or rehabilitative program


---From I-485
1. Have you ever, in or outside the U. S.:
a. knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?
b. been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
c. been the beneficiary of a pardon, amnesty, rehabilitation decree, other act of clemency or similar action?
d. exercised diplomatic immunity to avoid prosecution for a criminal offense in the U. S.?
 
stinger said:
q1) Is that o.k or will the application be tuned down immediatly becuase/if they are deemed photocopies. (The ones I have now has clored seal on them, so hopefully I have originals)
Click to expand...

I don't think there is an exact standard to determine what is official coort doc. A photocopy of document iwth charge, date of event, dispostion outcome and date with a court seal is good enough. You can still contact the court to get additional copies.

I had similar situation at that time what I gave is photocopy with some certification stamp.
 
Hi

I am all set to send out my N-400 app. The form changed from the time above I filled. So filled a new one.
I am answering
YES to 23, 24, 26, 28
NO to 25, 27, 31, 32​


Following is the cover letter (additional sheet etc) I plan to have

Alien Number: A0xxx
Date: xx/xx/2014
Application Part/Item: Part 11 / Item 23, 24, 26, 28
Signature:

I was arrested for DUII on xx/xx/2002 and lodged in jail overnight. At arraignment, I entered ‘Plea Of Not Guilty’ and was ordered to undergo diversion program. Upon my payment of all dues and successful completion of the diversion program, the case was dismissed and closed.
Please find attached the court-certified copy of the arrest record, completion of diversion and dismissal order.

With Regards,

(Last, First)

​
Q1) Is above format o.k?

Q2) Also I do not have any "separate document" that states I finished diversion. That shop which was administering diversion is not there anymore. But I do have a photocopy from them from that time. I plan to take that for interview.
But in the court-ceritified copy, it does mention that my case is dismissed/closed as diversion is complete and all dues are paid. Will this suffice (for diversion purposes)?

Q3) Guys also PLEASE let me know whay your experience is with these name checks?
When I applied for I-485, it got delayed for a long time due to name check. At that time it was not yet 5 years since I got the DUII. Now my DUII is 12 years old. Hope I do not get stuck in name check again, as my marriage plans have gone all awry due to my delayed GC approval. I do not wnat to go through the same with this n-400.

Q4) Also when I send the n-400 through USPS, can I do it certfieid i.e. with
a)delivery confirmation
b)signature required​
or will a) just sufficies since it is dropbox ?

Thanks
 
You must log in or register to reply here.
Top