N400 - Out of state DUI 10 year old case

munnabhai12

New Member
Hello,

I am planning on filing my N400 citizenship application. I have a question regarding the Good Moral Character section -

I had a first DUI offense in OHIO in 1997 and was sentenced for it. The incident did not involve any injury to anyone. I was charged with - 1st Offense sentence which included -
Administrative License Suspension (ALS) for a prohibited BAC;
Jail - None
Sentence - 3-day driver intervention program; Fine - $250
Court License Suspension - 6 months.

I live in PA for the past 5 years and this has not showed up on my Driving Records while trying to get insurance in this state.

The question I had were -
1. Will this cause an issue with my N400 application even though it has been this long ?
2. I am planning to report it and list the truth on the form, but in the event of disclosing this, will this cause any issue with my existing Green Card and put it in jeopardy after filing this N400 application ?

Any other recommendations ?? Thoughts appreciated.
 
Did the DUI occur before or after you got your GC? If before, did you mention that during your GC interview/application? You should mention this incident on your N-400 and also collect all relevant documentation regarding the case. I would also advise you to consult a lawyer with regards to your DUI and its potential affect on your naturalisation application.
 
munnabhai12 said:
The question I had were -
1. Will this cause an issue with my N400 application even though it has been this long ?

Possibly, although not maybe as much impact as if it were within the last 5 years.

munnabhai12 said:
2. I am planning to report it and list the truth on the form, but in the event of disclosing this, will this cause any issue with my existing Green Card and put it in jeopardy after filing this N400 application ?

Theoretically it could because certain crimes of moral turpitude are considered removable offenses. Then again, we haven't heard back from anyone in a similar situation who was put in removal proceedings, so I suspect the reality is you would more likely just have your N-400 application denied.

I believe the best thing to do is talk to an immigration lawyer experienced in handling this type of case.
 
I have seen some people that have got their naturalization certificate with a DUI. So as long as it falls outside of 5 years, you are safe. Check with two good attorneys anyway. That is going to be your bigger challenge than the N-400 itself.
 
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