DWI record, would I be approved?

R

ruscito

Registered Users (C)
Hi Folks,

I had a DWI conviction at March 5th 2003, 18 months probation. my probation is end by September 2004. after 5 years of conviction date, at March 10 2008, I submit N-400 application. At August 7 2008, I went to the interview, the IO was very nice, everything looks very smooth, finally she told me she had to ask her supervisor to review my case, but she will recommend approval for my case. So I came out with a N-652 said I pass the test, but the decision can not made yet. Now 3 months is gone, I'm still waiting...

Dose anyone who had experience know I will be approve in this case? I'm really anxious.
Is 5 years no criminal period is start from conviction date or the day when the probation finish?
 
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ruscito said:
Hi Folks,

I had a DWI conviction at March 5th 2003, 18 months probation. my probation is end by September 2004. after 5 years of conviction date, at March 10 2008, I submit N-400 application. At August 7 2008, I went to the interview, the IO was very nice, everything looks very smooth, finally she told me she had to ask her supervisor to review my case, but she will recommend approval for my case. So I came out with a N-652 said I pass the test, but the decision can not made yet. Now 3 months is gone, I'm still waiting...

Dose anyone know I will be approve in this case? I'm really anxious.
Is 5 years no criminal period is also including the probation date?
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Make infopass appt. and check for the status, they are supposed to notify within 120 days of interview. Do not worry of otherwise you do not have any bog conviction, you will get approved.
 
abact said:
Make infopass appt. and check for the status, they are supposed to notify within 120 days of interview. Do not worry of otherwise you do not have any bog conviction, you will get approved.
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Thank you very much for your reply.I have only this conviction in my entire record. I made a infomass at 11/17, hopefully they would tell me about the status...

Do you think I should file a lawsuit if 120 days passed, I still don't get any answer form them. the reason I'm urgent is I need the citizenship to apply my husband come over from Italy. It has been delayed since my first application be denied at July/2006
 
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I think it is five years from the end of probation, not the actual conviction date. So probably will have to wait until sept. 09. You just might get lucky. I thing Bobsmyth might answer this better.
 
hopeful44 said:
I think it is five years from the end of probation, not the actual conviction date. So probably will have to wait until sept. 09. You just might get lucky. I thing Bobsmyth might answer this better.
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How can I ask Bobsmyth from this forum?
 
hi rus

i am just wondering how come you didnt consult any immigration attorney regarding your case. One DUI is not CIMT and it does not falls under 5 years of satutory period. I had been consulting few attorney regarding and and had been checking few forums and had came acorss with a ppl who were able to naturalized after completing the probation. it is true that you can't naturalized when you are in probation(Good moral Chracter). You could have appeal last time they deny your application.

My advice to you is to talk to some experience immigration attorney and go from there.

good luck
 
dineshpoudel said:
i am just wondering how come you didnt consult any immigration attorney regarding your case. One DUI is not CIMT and it does not falls under 5 years of satutory period. I had been consulting few attorney regarding and and had been checking few forums and had came acorss with a ppl who were able to naturalized after completing the probation. it is true that you can't naturalized when you are in probation(Good moral Chracter). You could have appeal last time they deny your application.

My advice to you is to talk to some experience immigration attorney and go from there.

good luck
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I did hire a lawyer, (Actually 2), the first one was in 2006 with my first application, the lawer told me I was eligible to apply because he did couple of case like mine all succeed , but turned out was I've been denied, I did appeal but the result was same. The officer told me come back 5 years after my case (convicted? I'm not very sure he did say this word) At this time I consulted 2 different lawyers, they all told me I've already passed the statutory period plus my probation was finished couple of years ago then I shouldn't have any problem. So I hired one of them but....

The reason I'm here post the question is hopefully someone who had the same experience could give me an positive answer. All those things make me paranoid, I really need a peaceful night without guessing yes or no.

By my experience I don't know whether I still should trust any lawyer. or maybe I'm just very bad luck.
 
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I am preety sure that the 5 years is not after the completion of the probation so your best bet is to sue them this time after 120 days
 
dineshpoudel said:
I am preety sure that the 5 years is not after the completion of the probation so your best bet is to sue them this time after 120 days
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Thank you!!! it's not the final decision yet, but at least your answer give me some hope. I'll take my action right after 120 days if I still don't have any answer.

Good lucky to you too!
 
yeah i am going to keep on praying for you and i hope you don't have to go through these hassel and sleepless night but in my case i am going to apply after the probation ends and if they deny me i will sue them, i called my attorney littel while ago and told him your story and he coulden't that they even deny the appeal, he is positive that one dui is not a problem after probation they can't just hold you for not having a good maral character(completing probation without any trouble shows that you proved to be having a good moral character) and he stated that he had too many cases like ours got approved after completion of probation.

I am in state of california, where you at??
 
dineshpoudel said:
yeah i am going to keep on praying for you and i hope you don't have to go through these hassel and sleepless night but in my case i am going to apply after the probation ends and if they deny me i will sue them, i called my attorney littel while ago and told him your story and he coulden't that they even deny the appeal, he is positive that one dui is not a problem after probation they can't just hold you for not having a good maral character(completing probation without any trouble shows that you proved to be having a good moral character) and he stated that he had too many cases like ours got approved after completion of probation.

I am in state of california, where you at??
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I'm in Dallas TX.

Thank you for your phone call it even give me more confidence to win this case. I'll keep post to let you know how's everything going. I'm pretty sure you can go apply right after your probation is finished if your lawyer is very sure about it.

I'll pray for you too.
 
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DUI Convictions




Questions often arise concerning convictions for driving under the influence (DUI). Many applicants feel that such a conviction could result in a denial of an application for adjustment of status or for naturalization. This could only happen if a DUI conviction were considered to be a “crime involving moral turpitude.”



In a precedent decision, and one that is binding on the CIS, the Board of Immigration Appeals held that a conviction for driving under the influence (DUI), as defined by the following language, does not constitute conviction of a crime involving moral turpitude:



Arizona Revised Statutes, § 28-692:


“Driving or in actual physical control while under the influence of intoxicating liquor or drugs; violation; classification; definition

A. It is unlawful for any person to drive or be in actual physical control of any vehicle within this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. “




Though this is a particular state statute (Arizona), the language used is almost identical to that used by every other state. For this reason, the Board’s holding is equally valid in all other states.

Specifically, the Board held:



“We do not disagree with the Immigration Judge in this regard. Simple DUI is ordinarily a regulatory offense that involves no culpable mental state requirement, such as intent or knowledge. . . . We are aware of no case law specifically addressing the question whether simple DUI is a crime involving moral turpitude in the immigration context. The absence of such law suggests a long historical acceptance that a simple DUI offense does not inherently involve moral turpitude, and we are not persuaded to conclude otherwise. We find that the offense of driving under the influence under Arizona law does not, without more, reflect conduct that is necessarily morally reprehensible or that indicates such a level of depravity or baseness that it involves moral turpitude.”



Copyright © 2008 Gotcher & Gotcher, LLP - All Rights Reserved
 
One simple DWI (not a CIMT) during the statutory period does not preclude an applicant for naturalization. Unless your DWI was aggravated (ex. DWI while license expired), or if you had something else in your case to question your moral character I don't think you should have any issues.
 
Bobsmyth said:
One simple DWI (not a CIMT) during the statutory period does not preclude an applicant for naturalization. Unless your DWI was aggravated (ex. DWI while license expired), or if you had something else in your case to question your moral character I don't think you should have any issues.
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Thank you Bobsmyth. I have only one DWI in my entire life, nothing else related with bad moral character. I'm kind of regret I didn't file a Lawsuit to win the case 2 years ago. But this time for sure!!!
 
Was your probation finished at the time of the first interview? When did you initially apply and have interview?
 
Bobsmyth said:
Was your probation finished at the time of the first interview? When did you initially apply and have interview?
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I got GC at 4/2001, DWI was convicted at 3/2003, probation finished at 9/2004, submit my first application at 3/2006, got interview at 7/2006, got deny letter 7 days after interview, got a appeal appointment at 10/2006, denied again. Both reason for DWI (lack of good moral character) according to the decision letter.
 
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A recent case denied by the USICS for a simple DWI was overturned by the courts after the applicant's case and appeal were denied:

http://immlawcounsel.com/immcase121707ragoonanan.php

I don't see how they would deny your application a second time unless it involved more than just a DWI or if you had other arrests in your history.
 
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