what are the chances that my N400 application would be approved with DUI on Jan 2008 and court supervision completed and case dropped on 3/2009. Please answer if its worth applying now or wait for another 2 years....BTW I don't have any other incidents apart from this in the last 5 year window.
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N400 and misdeamnor DUI
- Thread starter isridhar
- Start date
Incognegro
Registered Users (C)
I think its worth applying with a lawyer....Friend of mine was successful despite a dui from 2 years ago, he used counsel
what are the chances that my N400 application would be approved with DUI on Jan 2008 and court supervision completed and case dropped on 3/2009. Please answer if its worth applying now or wait for another 2 years....BTW I don't have any other incidents apart from this in the last 5 year window.
DUI is generally not considered to be a crime involving moral turpitude, see http://www.californiadui.com/articles/immigration-issues-of-dui.php
So having a single DIU misdemeanor conviction that falls within the 5 year statutory period before filing N-400, does not necessarily precludes the finding that the applicant has good moral character and does not necessarily precludes the N-400 from being approved. However an IO still have fairly wide discretion in determining good moral character and can deny the application on GMC grounds for someone with a DUI conviction, particularly one that happened within the statutory period. So the outcome very much depends on the luck with the IO. Still, the likelihood of the application being approved is reasonably high, so if you can afford the application fee, you may as well apply now and see what happens (assuming that you are eligible for naturalization in all other aspects).
It may be a good idea before filing N-400 to talk to an immigration lawyer in order to double-check that the laws in your state do not make DUI a CIMT (in this regard the specific wording of the DUI statutes under which you were convicted is important), and that there were no other special circumstances and aggravating factors in your DUI conviction that would make it a CIMT crime.
It may also matter if you had any other legal issues/troubles/incidents outside of the 5 year window preceding filing N-400.