N400 Interview - DUI 4 days before - Need your comments please!

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First_DUI_N400

Registered Users (C)
Dear experts,

Stupidity hit me and went for drink got DUI one week before n400 interview. This is my first DUI ever (taken a oath not to drink) since it will anyway impact my naturalization oath process :).

I took DMV records for last 7 years, its clean. As soon as I meet immigration officer, I will explain recent arrest. Rest I will leave it on his/her hands.

My court case on DUI is due in early May. I expect 1.1 BAC (used calculator). I live in colorado don't know what this means, I hired a DUI lawyer to get best deal that I can.

Is there anything else I should be doing?

Some other thoughts...
1. Hire another immigration lawyer to go with for interview process?

2. Take arrest papers to showcase to IO

? Am I missing any other best practices to improve my success of naturalization?

My wife is applying as well, am sure she will get thru easily - clean records.
:D:eek:
 
Postpone interview till you can get the court case behind you. There is no use rushing into an interview with a big unknown, which in N400 is pretty material. The IO is unlikely to approve anyway with this case open.

Your wife can continue her case without issues.
 
I would postpone a naturalization interview, because you definitely will need to provide a court disposition.
Hire another immigration lawyer to go with for interview process is a good idea too.

Dood luck.
 
Don't want to be an "***" but that was a very stupid move. I would either postpone the interview or simply withdraw the whole application and try it after everything is resolved.
 
At the very least delay your interview. Find out the exact charge. BAC of 1.1 is impossible..you'd be dead due to alcohol poisoning. Do you mean 0.11? Get the charge reduced if possible.Make sure your lawyer is specialized in both immigration and criminal law.
 
First_DUI_N400 said:
Dear experts,

Stupidity hit me and went for drink got DUI one week before n400 interview. This is my first DUI ever (taken a oath not to drink) since it will anyway impact my naturalization oath process :).

I took DMV records for last 7 years, its clean. As soon as I meet immigration officer, I will explain recent arrest. Rest I will leave it on his/her hands.

My court case on DUI is due in early May. I expect 1.1 BAC (used calculator). I live in colorado don't know what this means, I hired a DUI lawyer to get best deal that I can.

Is there anything else I should be doing?

Some other thoughts...
1. Hire another immigration lawyer to go with for interview process?

2. Take arrest papers to showcase to IO

? Am I missing any other best practices to improve my success of naturalization?

My wife is applying as well, am sure she will get thru easily - clean records.
:D:eek:
Click to expand...

I agree with the others: it is a good idea for you to postpone the interview.
With a pending DIU case, the IO will not be able to make a decision on your N-400 until the DIU case is properly disposed of in court. Also, as Bobsmyth says, during the court hearing you might be able to reduce the charge.
 
Oh man....... I know its nightmare for you now...... Sorry to hear that.

Make sure you have a lawyer who is specialized in DUI.....If this is your first, may be the lawyer could do something to reduce the charge.
You may have to $pend $ome $$$$.

Since you have only 4 days to the interview, how will you postpone the interview? Will you call USCIS to postpone or go in person? You will need a reason why you want to postpone the interview, not sure if you can tell them the real reason now.....think about it.
 
Dear Helpers,

I feel little better with some directions from expert users. I am thinking to postpone my interview,

- Please let me know a good process to postpone the N400 interview ; I will be honest that I have a court case so I am postponing - Also my DUI lawyer (not Immigration lawyer) says it may take few months in this region before I get a court decision (not sure BAC results will be in before court date)

- When I called in an immigration lawyer who posted this - recommends just go for it, you might get lucky never know. She says first DUI can get lucky.

- Sorry about BAC level error in my last statement - I meant 0.11 (am 200 lbs very healthy male - 3 vodkas with redbull and 3 coors light beers - 3 hrs in the bar celebrating great recent life milestone, 3mins drive outside of the bar got pulled over for not signaling)

- I cancelled my trip to this week Canada given the situation

- I deserve all these for little fun after very many years..bars are new to me.. Sleepless nights continues...
 
Write USCIS a letter along with a copy of interview letter explaining that you wish to reschedule interview until after your May court date. No need to provide detailed explanation other than "schedule conflict".

Did the one lawyer recommend "just go for it" before your court date? If so, stay clear of that lawyer.
 
I am so sorry to hear that this has happened to you. Like the others said have the interview postponed till after the court date otherwise it will be denied. Don't want to be the bearer of bad news, however as a Canadian citizen I can let you know that someone who is convicted of a crime is not admissible into Canada even if it is only a DUI. In Canada we take DUI more seriously than in the states, and you will be turned around if you try to cross. I would speak with your lawyer and see if he/she can get you off of any charges. Unfortunately once your branded with a record unless your Canadian(then they can't refuse you in your own country) your looking at approximately 6-10 years till you may have a chance to visit Canada, but not without tons of paperwork and lots of money. Good luck and I hope all goes well.
 
z28eater said:
I am so sorry to hear that this has happened to you. Like the others said have the interview postponed till after the court date otherwise it will be denied. Don't want to be the bearer of bad news, however as a Canadian citizen I can let you know that someone who is convicted of a crime is not admissible into Canada even if it is only a DUI. In Canada we take DUI more seriously than in the states, and you will be turned around if you try to cross. I would speak with your lawyer and see if he/she can get you off of any charges. Unfortunately once your branded with a record unless your Canadian(then they can't refuse you in your own country) your looking at approximately 6-10 years till you may have a chance to visit Canada, but not without tons of paperwork and lots of money. Good luck and I hope all goes well.
Click to expand...

Oh Really? what if the charge is reduced? Still a problem?
 
z28eater said:
I am so sorry to hear that this has happened to you. Like the others said have the interview postponed till after the court date otherwise it will be denied. Don't want to be the bearer of bad news, however as a Canadian citizen I can let you know that someone who is convicted of a crime is not admissible into Canada even if it is only a DUI. In Canada we take DUI more seriously than in the states, and you will be turned around if you try to cross. I would speak with your lawyer and see if he/she can get you off of any charges. Unfortunately once your branded with a record unless your Canadian(then they can't refuse you in your own country) your looking at approximately 6-10 years till you may have a chance to visit Canada, but not without tons of paperwork and lots of money. Good luck and I hope all goes well.
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The OP hasn't been convicted yet. Merely being charged of a DUI does not prevent one from entering Canada.
 
Thanks for the recommendations, I did mail a request to postpone the interview date by couple of months. Hopefully they will oblige.
 
Bobsmyth said:
The OP hasn't been convicted yet. Merely being charged of a DUI does not prevent one from entering Canada.
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I specifically said one who is convicted of a crime is not admissible into Canada even if it is only a DUI.
 
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If you fly they will automatically run your name once you go through Canadian Customs and Immigration. If you go by land they will do the same thing. They can find this out with a passport or drivers license. Canada and the US have a reciprocal agreement, therefore they can access each other databases, plus they can look up your info through interpol.
 
z28eater is absolutely correct. I recently read an article about an individual who was refused entry into Canada because of a simple DUI.
 
z28eater said:
I specifically said one who is convicted of a crime is not admissible into Canada even if it is only a DUI.
Click to expand...

And you also said "you will be turned around if you try to cross", referring to the OP who hasn't been convicted.
My point is that until the outcome of his case, the OP can still travel to Canada.
 
I feel bad about OP. I am sure you wish that if there is UNDO button, you want to undo just that one event.
All the best and hopefuly things work out well for you.
 
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