N-400 DUI, how to answer questions

B

Bob991

New Member
I was the unfortunate recipient of a DUI back in 2002 in Maryland. The judgement was PBJ (Probation Before Judgement). There was no injury or bodily harm. I completed probation with no issues and since then I have had no other incidents. I currently have a green card.

In filling out the N-400 form I am not quite sure what to put for the following questions. Can someone please help?

Have you ever been arrested, cited, or detained by any law enforcement officer
YES

Have you ever been charged with committing, attempting to commit, or assisting in committing a crime or offense?
I'm assuming a YES?

Have you ever been convicted of a crime of offense?
NO, since I got a PBJ

Have you ever been placed in an alternative sentencing or rehabilitative program (e.g. diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
Is NO the correct answer?

Have you ever received a suspended sentence, been placed on probation, or been paroled?
YES

Have you ever been in jail or prison?
NO (I was released right away)

I have all the court paperwork and plan on submitting copies. Am I better off hiring an emigration lawyer?

Thank you!
 
Have you ever been placed in an alternative sentencing or rehabilitative program

YES, PBJ is "alternative sentencing" don't worry, it doesn't matter and they don't care much, you just need to be accurate on the form.


Have you ever been in jail or prison?
When you were arrested, were you taken to the police station, put in a holding cell? Even if 15 minutes, you answer yes, again it doesn't really matter, you just need to be accurate.

You don't need a lawyer, total waste of money. A DUI is not an issue (as long as it wasn't a felony DUI, i.e. bodily injury, or repeat DUI) and it's been almost 15 years ago.

Good luck
 
Have you ever been in jail or prison?

When you were arrested, were you taken to the police station, put in a holding cell? Even if 15 minutes, you answer yes, again it doesn't really matter, you just need to be accurate.

I was taken to the police station but was released (a friend came and got me out) without being put in a holding cell right after doing the paperwork. I'm not sure if this constitutes being in jail....

Thank you so much for your help!!
 
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