i was charged with DWI

valtom

Registered Users (C)
Hi all,
i was charged with DWI last year in Houston, TX, however; my case was dismissed 3 months later
should i apply for my citizenship or not. I called some lawyer's office and was told to wait for 5 years before applying because they are going to automatically deny it.
* I have my permanent green card since 10/2002 and still married with a child
Please help
Thanks
 
If your case was dismissed (I'm talking about an actual dismissal, not a pre-trial diversion), why would they deny you? Also, there have been a few reports where applicants with recent DWI convictions were approved. Can you share some more details of your case?
 
One DWI is not an automatic denial for naturalization. Some posters have reported successfully passing naturalization with one DWI conviction in the past. In the end, it will be up to the IO at interview to determine your moral character based on the evidence presented.
 
If your case was dismissed (I'm talking about an actual dismissal, not a pre-trial diversion), why would they deny you? Also, there have been a few reports where applicants with recent DWI convictions were approved. Can you share some more details of your case?

Thanks for the reply,
i am not sure what "pre-trial diversion" is? i refused to take a breath test and was arrested for less than 24 hours. I then hired a lawyer, my case was reset 4 times by the court and finally was dismissed due to "not enough evidence" however my driver license was suspended for refusing to take a breath test for three months.
 
Thanks for the reply,
i am not sure what "pre-trial diversion" is? i refused to take a breath test and was arrested for less than 24 hours. I then hired a lawyer, my case was reset 4 times by the court and finally was dismissed due to "not enough evidence" however my driver license was suspended for refusing to take a breath test for three months.

Despite the fact that your driver license was suspended, you were never convicted of the charge. You were arrested, but an arrest is not an automatic bar to naturalization. Innocent people get arrested for crimes that they didn't commit, so getting arrested does not equate to bad moral character.

In my personal opinion, you will be approved if you apply now. You'll have to disclose your arrest on the N-400 and provide all pertinent documentation. However, since you'll be providing a court disposition indicating that your case was dismissed, you'll be fine. As far as your license suspension goes, you don't have to disclose that.

A pre-trial diversion is an alternative sentencing program where a defendant is offered a lesser punishment (i.e., fine, community service) and is put on probation for a certain period of time before the case goes to trial. If s/he successfully completes the terms of the pre-trial diversion, the charges will be dismissed. In certain cases, the USCIS views pre-trial diversions as convictions for immigration purposes.
 
Thank you again, you really gave me hope, but i still have questions
Should i hire a lawyer or not: I have already filled out the application except part 10 section D questions 15 through 21. They are kind of confusing, i am not sure if some of them apply to me or not?

15. Have you ever committed a crime or offense for which you were not arrested? (not sure)
16. Have you ever been arrested, cited or detained by any law enforcement officer (yes)
(including USCIS or former INS and military officers) for any reason? (no)
17. Have you ever been charged with committing any crime or offense? (yes??)
18. Have you ever been convicted of a crime or offense? (not sure)
19. Have you ever been placed in an alternative sentencing or a rehabilitative program
(for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)? (no)
20. Have you ever received a suspended sentence, been placed on probation or been paroled? (not sure, mu driver license was suspended)
21. Have you ever been in jail or prison?(yes)

i have already ordered my driving record just in case so i can report any driving citation i received(may be one at most)
 
Thank you again, you really gave me hope, but i still have questions
Should i hire a lawyer or not: I have already filled out the application except part 10 section D questions 15 through 21. They are kind of confusing, i am not sure if some of them apply to me or not?

15. Have you ever committed a crime or offense for which you were not arrested? (not sure)
16. Have you ever been arrested, cited or detained by any law enforcement officer (yes)
(including USCIS or former INS and military officers) for any reason? (no)
17. Have you ever been charged with committing any crime or offense? (yes??)
18. Have you ever been convicted of a crime or offense? (not sure)
19. Have you ever been placed in an alternative sentencing or a rehabilitative program
(for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)? (no)
20. Have you ever received a suspended sentence, been placed on probation or been paroled? (not sure, mu driver license was suspended)
21. Have you ever been in jail or prison?(yes)

i have already ordered my driving record just in case so i can report any driving citation i received(may be one at most)

In my humble opinion, you don't need a lawyer. Again, the charges against you were dismissed and the USCIS will not deny your application just because you were arrested.

As far as the questions go, this is how you should answer them:

15. No
16. Yes
17. Yes
18. No (your case was dismissed; therefore, there was no conviction)
19. No
20. No (a driver license suspension is not a criminal sentence)
21. Yes

Make sure you have a certified copy of the court disposition stating that the charges against you were dismissed. Include a copy of it, along with a copy of your arrest record, with your N-400. Once your interview is scheduled, make sure that you bring all documentation pertaining to the incident with you. If you'd like, you can consult an immigration attorney, just to CYA, but your application shouldn't have any issues.
 
In my humble opinion, you don't need a lawyer. Again, the charges against you were dismissed and the USCIS will not deny your application just because you were arrested.

As far as the questions go, this is how you should answer them:

15. No
16. Yes
17. Yes
18. No (your case was dismissed; therefore, there was no conviction)
19. No
20. No (a driver license suspension is not a criminal sentence)
21. Yes

Make sure you have a certified copy of the court disposition stating that the charges against you were dismissed. Include a copy of it, along with a copy of your arrest record, with your N-400. Once your interview is scheduled, make sure that you bring all documentation pertaining to the incident with you. If you'd like, you can consult an immigration attorney, just to CYA, but your application shouldn't have any issues.

Thank you so much for taking the time to answer my questions. I just now search for the letter that i got from the court and its called "Motion to Dismiss"(original) and it shows that my case is dismissed and the reason for dismissal and signed by the judge and district attorney, would that be what you call "court disposition"?
I believe this should be my last question, i really appreciate it.
 
Thank you so much for taking the time to answer my questions. I just now search for the letter that i got from the court and its called "Motion to Dismiss"(original) and it shows that my case is dismissed and the reason for dismissal and signed by the judge and district attorney, would that be what you call "court disposition"?
I believe this should be my last question, i really appreciate it.

No problem, always glad to help out!

The motion to dismiss is actually a legal motion filed by your attorney. While it's an acceptable proof of your case's outcome, I highly advise getting a certified court disposition (aka certified court docket). This document can be obtained from the court clerk and will describe the outcome of your case and have a court seal on it. I believe that the USCIS specifically asks for this document in cases where an arrest was made and charges were filed. As I've mentioned before, make sure to include your arrest record as well.
 
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