misdemeanor dui and naturalization-some advice please

D

dineshpoudel

Registered Users (C)
Hi i am new to this forum i need some advice applying my citizen

i had total of 3 misdemeanor on my record
2 of then were before my PR and 1 of them is after My PR

first 1996 leaving the scene of an accident with a property damage state of Nebraska

Misdemeanor class IV fine $100.00 Restitutation $600.00

second 1996 while working at a gas station unknowlingly selling beer to a minor (sting operation conducted by the state of Nebraska)

Misdemeanor class I $100 fine

Disclosed both of these in my PR Interview

Got PR 04/2001

Third 04/2006 Misdemeanor DUI (california)
Fines paid, dui school completed, community service completed.
Probation Expires on 04/2009

My sinerio is that i got this DUI after i recieved a letter for an Naturalization interview two and half years ago. Since I already had a letter for an interview i went for an interview(eventhough i was convicted for DUI) and told the officer about my DUI. She kept all the Originals (DUI ticket and court disposition) and told me to withdarw the application because i was on probation and can't be naturalized until the probation expires. And told me to reapply after my probation expires.(good moral character)

Now i am kindda wondering that my probation is going to expire in about 5 months, should i apply my citizen after porbation expires or waiit for 5 years from date of conviction.

Any advice or sugessation will be higly appriciated.

Thanks in advance
 
I'll suggest you apply after 5 years form the conviction date. I got the same experience. I got my PR at 4/2001, but was convicted DWI on 3/2003, at 4/2006 I applied N-400, after interview, I received a decision letter which was denied with not meet good moral standard. then 3/2008 I applied again, went to interview at 8/2008, and decision still not made yet...
 
ruscito said:
I'll suggest you apply after 5 years form the conviction date. I got the same experience. I got my PR at 4/2001, but was convicted DWI on 3/2003, at 4/2006 I applied N-400, after interview, I received a decision letter which was denied with not meet good moral standard. then 3/2008 I applied again, went to interview at 8/2008, and decision still not made yet...
Click to expand...

Really?? I thought if DUI is single conviction of your record then you should get approved. Do you had any more issue ?
 
abact said:
Really?? I thought if DUI is single conviction of your record then you should get approved. Do you had any more issue ?
Click to expand...

I have only one record which is DWI convicted at 3/2003, the reason I suggest dineshpoudel apply 5 years later is because I tried myself within 5 years. the result is been denied.
 
Hi rus

Thanks for your advice, i would probably wait another 2 years and by the way please keep me posted about the oath letter that you are going to recieve and hopefully evething goes fine this time. If you can letme know at my email add dinpoudel@gmail.com

Good luck and i will pray for you that everythig goes fine coz i had been through all these and i know how it feels

thanks
 
dineshpoudel said:
Hi rus

Thanks for your advice, i would probably wait another 2 years and by the way please keep me posted about the oath letter that you are going to recieve and hopefully evething goes fine this time. If you can letme know at my email add dinpoudel@gmail.com

Good luck and i will pray for you that everythig goes fine coz i had been through all these and i know how it feels

thanks
Click to expand...

Yes, I will keep post, Actually I'm thinking to file a lawsuit if they still don't give me any decision by 12/5/2008 (which is meet 120 days after the interview). because by law, I'm now meet all the requirement to become a citizen.

Wish you good luck too.
 
Guys. I think it is five years after the compition of the probation, not the conviction date. Double check with someone like Bobysmyth or Vorpal who seem like experts.
 
A simple DWI is not a CIMT and therefore doesn't automatically make you ineligible for naturalization. However, an application can't be approved until probation is completed.
The fact that the OP had several previous arrests also weighed negatively in the decision of moral character.
You can reapply as soon as your probation expires, but your entire arrest history can still be used to determine moral character. Although you're safer to wait 5 years after your DWI conviction to apply, you should consult a legal professional to determine all your options.
 
Last edited by a moderator:
ruscito said:
I have only one record which is DWI convicted at 3/2003, the reason I suggest dineshpoudel apply 5 years later is because I tried myself within 5 years. the result is been denied.
Click to expand...

Was it a simple DWI or was it aggravated? Also,was your probation finished before the interview? Finally, did you have anything else in your history to question your moral character?
 
Bobsmyth said:
Was it a simple DWI or was it aggravated? Also,was your probation finished before the interview? Finally, did you have anything else in your history to question your moral character?
Click to expand...

That was an absolutely simple DWI, not driving without license expired, no accident, no any injury, nobody in the car, didn't hit anything, just driving after 2 glass of wine after a party. (I'm pretty petite). That's it. Except that nothing else related with "bad moral character".:mad:
 
Last edited by a moderator:
ruscito said:
That was an absolutely simple DWI, not driving without license expired, no accident, no any injury, nobody in the car, didn't hit anything, just driving after 2 glass of wine after a party. (I'm pretty petite). That's it. Except that nothing else related with "bad moral character".:mad:
Click to expand...

To reaffirm what has already been stated, if it's a simple DWI, you can apply upon completion of probation. There's no need to wait 5 years after your probation has been completed.

Just out of curiosity, you blew over .08 BAC (the legal limit in most states) on the breathalyzer after 2 glasses of wine??? Are you absolutely sure you were convicted of a DWI and not a DUI? Unless you weigh about 70 lbs. soaking wet, it's difficult to believe that 2 glasses of wine resulted in a DWI.
 
Vorpal said:
To reaffirm what has already been stated, if it's a simple DWI, you can apply upon completion of probation. There's no need to wait 5 years after your probation has been completed.

Just out of curiosity, you blew over .08 BAC (the legal limit in most states) on the breathalyzer after 2 glasses of wine??? Are you absolutely sure you were convicted of a DWI and not a DUI? Unless you weigh about 70 lbs. soaking wet, it's difficult to believe that 2 glasses of wine resulted in a DWI.
Click to expand...

yes, it was 2 glass, but 2 quiet big glass, just right on 0.08 BAC and I was 2 block away to my house when I was caught. because I was speeding driving
 
Last edited by a moderator:
Follow up on DUI and Naturalization

Bobsmyth said:
A simple DWI is not a CIMT and therefore doesn't automatically make you ineligible for naturalization. However, an application can't be approved until probation is completed.
The fact that the OP had several previous arrests also weighed negatively in the decision of moral character.
You can reapply as soon as your probation expires, but your entire arrest history can still be used to determine moral character. Although you're safer to wait 5 years after your DWI arrest to apply, you should consult a legal professional to determine all your options.
Click to expand...

I have been denied Naturalization due to the lack of good moral character due to a DUI. In my case I was arrested for Extereme DUI (this is Arizona classification, anything over .15 of alcohol in blood is classified as Extreme in Arizona, its Misdemeanor Class I), not aggravated, in December 2003. I have been convicted in March 2004, and served a 10 days jail sentense (minimum for first DUI offense under Arizona law). I had my Naturalization interview in June of 2004 and was denied. I have been told by my interviewer to reapply in 5 years. Its not 5 years after the date of my arrest, but I still have another half year before its 5 years since conviction. I have had no other arrests, charges or reasons to show lack of good moral character beisdes that DUI.

My question is following: should I apply for Naturalization now, since its 5 years after the arrest, or wait until its 5 years after the conviction? Will that DUI negatively affect my application now, considering the circumstances described above?

Thank you for your help.
 
I'd wait until 5 years after conviction date . Most likely an extreme DUI is a CIMT and was used to determine moral character. By waiting 5 years after conviction, it falls outside statutory period.
 
I am guessing you both were still on probation from my understanding and none of stated that you were. In any dui or dwi conviction you are placed on probation. You can't be on probation when you file N-400.
 
Bobsmyth said:
I'd wait until 5 years after conviction date . Most likely an extreme DUI is a CIMT and was used to determine moral character. By waiting 5 years after conviction, it falls outside statutory period.
Click to expand...

If it is extreme maybe it is still deportable. Deportation criteria do not
have any statutory period.

I am not sure if USCIS first check your eligibility for citizenship and then check for deportability only after citizenship is denied for whatever reasons.
Or precondition for citizenship is there is no deportable offense in the past no matter how long ago it is
 
Last edited by a moderator:
WBH said:
If it is extreme maybe it is still deportable. Deportation criteria do not
have any statutory period.

I am not sure if USCIS first check your eligibility for citizenship and then check for deportability only after citizenship is denied for whatever reasons.
Or precondition for citizenship is there is no deportable offense in the past no matter how long ago it is
Click to expand...

To be deportable for one CIMT, the sentence would have to be more than 1 year. In this instance the "extreme" factor is only to determine the crime as a CIMT, not as a deportable offense.
 
You must log in or register to reply here.
Top