N400 with a DUI arrest. Not convicted. No propabation nor court supervision.

M

mkub

Registered Users (C)
Hello,

I am really worry too much and decide to ask you all for an advice. On may 27th 2009, I got arrested in Chicago for a DUI. Didn't blow in the breathalyzer, got my drivers license suspended for 12 months, but not convicted for DUI. By the way, the arresting police officer was too prejudicial with my person. In June 2009, it was time for me to send in my N400, so I did apply for US Citizenship. Got my fingerprints taken on July 9th 2009. I am now waiting for the Interview Letter (hopefully). Here is my question: How is this dismissed misdemeanor case of DUI would affect my N400 and the interview? Basically impacting my overall Naturalization process? I was told by my criminal case lawyer (who helped me fighting this DUI case) that even if my case was not dismissed and that I was given a court supervision (12 months), he would still advise me to keep proceeding mith my application for Citizenship, because the 1st offence DUI for somebody with no other criminal records at all, and that the DUI arrest was not involving any accident or property damage, DOES NOT CONSTITUTE A CASE OF MORAL TURPITUDE CHARACTER. Should I be fine? Please help me get prepared. Thanks you all.
 
Sounds to me that you have a conditional discharge that is dependent on completion of court supervision (which is considered a form of probation). A case can't be adjudicated before probation is completed, so there is the possibility that the IO will deny your case.

Is the lawyer who defended you an immigration lawyer?
 
mkub said:
got my drivers license suspended for 12 months

...

that even if my case was not dismissed and that I was given a court supervision (12 months)
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You appear to have given us conflicting information. If there was no conviction then how did they take your license? Was it pleaded down to a lesser charge than DUI? What was the final charge? What was the actual sentence? Has the case actually been adjudicated yet?

To give some suggestions we need to know the exact details.
 
The DUI case was dismissed. So, there is no court supervision. However the driver's license suspension is the result of refusing to blow in the breathalyzer; that's what you get in Illinois when you refuse to blow. As far as my lawyer is concerned, he a good criminal lawyer, bu not a immigration lawyer. That's why I am posting my question on this forum in order to get help from forumists that, I know , are more knowlegdgeable, or have seen similar cases to mine. Thanks.
 
mkub said:
The DUI case was dismissed. So, there is no court supervision. However the driver's license suspension is the result of refusing to blow in the breathalyzer; that's what you get in Illinois when you refuse to blow. As far as my lawyer is concerned, he a good criminal lawyer, bu not a immigration lawyer. That's why I am posting my question on this forum in order to get help from forumists that, I know , are more knowlegdgeable, or have seen similar cases to mine. Thanks.
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After reading your post carefully, I think you should consult an immigration lawyer. Your case sounds risky for citizenship, but I think it is not deportable. It is possible that your citizenship application will not be approved until your probation is completed. I suggest you contact your immigration lawyer who will help you.
 
N400, DUI arrest but not convicted. No probation, nor court supervision.

You are talking about probation, but I am not seeing where this comes from. The DUI case was dismissed. No probation nor court supervision. Please re-read my initial posting an advise if you can. I know, I might end up consulting an immigration lawyer, but for now I am trying to save some money and get some inputs from forumists. Thank you for your help.
 
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I am resending the posting since the original one was not clear enough and did receive some unclear reactions to it. Here is my revised posting:
Dear forumists, I am really worried too much and decide to ask you all for an advice. On may 27th 2009, I got arrested in Chicago for a DUI. Didn't blow in the breathalyzer. The DUI case was dismissed by the court.
In June 2009, it was time for me to send in my N400, so I did apply for US Citizenship. I mentioned this arrest in the filled N400 form.
I Got my fingerprints taken by USCIS on July 9th 2009. I am now waiting for the Interview Letter (hopefully). Here is my question: How is this dismissed misdemeanor case of DUI could affect my N400 and the interview with the Immigration Officer? Basically impacting my overall Naturalization process? I was told by my criminal case lawyer (who helped me fighting this DUI case) that even if my case was not dismissed and that I was given a court supervision (12 months), he would still advise me to keep proceeding mith my application for Citizenship, because the 1st offence DUI for somebody with no other criminal records at all, and that the DUI arrest was not involving any accident or property damage, DOES NOT CONSTITUTE A CASE OF MORAL TURPITUDE CHARACTER. Should I be fine? Please help me get prepared for the interview. Again, I wasn't convicted! Thanks you all.
 
Judging by other past posts I have read in this forum, I believe you will be
fine. You don't have to worry too much about it. Just think of this way,
what is the worst scenario? at the worst, you have nothing to lose but the application fee and its chance is very very small.
 
mkub said:
I am resending the posting since the original one was not clear enough and did receive some unclear reactions to it. Here is my revised posting:
Dear forumists, I am really worried too much and decide to ask you all for an advice. On may 27th 2009, I got arrested in Chicago for a DUI. Didn't blow in the breathalyzer. The DUI case was dismissed by the court.
In June 2009, it was time for me to send in my N400, so I did apply for US Citizenship. I mentioned this arrest in the filled N400 form.
I Got my fingerprints taken by USCIS on July 9th 2009. I am now waiting for the Interview Letter (hopefully). Here is my question: How is this dismissed misdemeanor case of DUI could affect my N400 and the interview with the Immigration Officer? Basically impacting my overall Naturalization process? I was told by my criminal case lawyer (who helped me fighting this DUI case) that even if my case was not dismissed and that I was given a court supervision (12 months), he would still advise me to keep proceeding mith my application for Citizenship, because the 1st offence DUI for somebody with no other criminal records at all, and that the DUI arrest was not involving any accident or property damage, DOES NOT CONSTITUTE A CASE OF MORAL TURPITUDE CHARACTER. Should I be fine? Please help me get prepared for the interview. Again, I wasn't convicted! Thanks you all.
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Eventhough the case may have been dismissed, court supervision is considered to be a form of probation and the IO may be reluctant to adjudicate your case until the court supervision is completed. At the very least, bring the court documents to the interview.
 
There is no court supervision. I might not express myself very well in my initial posting. But I think I clearly said there was NOT court supervision. Unless if for some reasons, I am getting one when the case is won. Question to forumists who want to help me: Is there anyone who came accross a quite similar case? If yes, what was the outcome. Or what does the immigration law says about a situation like that? By the way, what is the average waiting time from fingerprints day to the Interview Letter being sent? Oh yes, I am just too nervous about getting my citizenship approved. Men, I have been waiting more than 12 years for this to happen (since 1997 when I arrived in US as an asylee). Thanks.
 
mkub said:
There is no court supervision. I might not express myself very well in my initial posting. But I think I clearly said there was NOT court supervision. Unless if for some reasons, I am getting one when the case is won. Question to forumists who want to help me: Is there anyone who came accross a quite similar case? If yes, what was the outcome. Or what does the immigration law says about a situation like that? By the way, what is the average waiting time from fingerprints day to the Interview Letter being sent? Oh yes, I am just too nervous about getting my citizenship approved. Men, I have been waiting more than 12 years for this to happen (since 1997 when I arrived in US as an asylee). Thanks.
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I think you are fine. It is hard to say because each person's case is different from others in unie way, but you can search old posts here to find other postser whose case are percenied to be much worse than yours got their N400 approved.

If you can not convince yoruself, there is one and only one way to find out--
find out the answer by sending N400. Others are worrried about deportation triggered by sending N400 but no way you face the risk of deportation so you have nothing to lose no matter what. Here there are quite a few who risked deportation in order to apply for citzenship, so you should not have any reason that
should hold you back.

So I think you should stop worrying about it. Concentrate on pratical questions like how to fill each item of N400, how to send N400 and just
wait for notice of recept, notice of FP, notice of interview, and oath letter
 
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Thank you WBH. I will keep you posted. A way to put more info on this forum that I truly find very helpfull for all or most of us who share the same background of being immigrants to US. I am still waiting for reactions from all others who have read or will come accross with my posting and would like to contribute or comment on that case. Thanks.
 
Not sure i understand. Was your case dismissed due to lack of evidence and/or a good lawyer or due to plea deal?
 
Dismissed was not the right word to use. We won the case. I am sorry for the confusion I might have created. I am not a lawyer. Thanks.
 
Your original post made it appear that you were under court supervision. Rereading it made it more clear.
Since your case was dismissed and you never were convicted, you should be fine. Bring the court documents to your interview. No need to disclose your license was suspended unless asked.

Btw, did you enter a plea? What do you mean by you won the case? What do court documents say?
 
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