Not sure about this.....

I

immigrat123

Registered Users (C)
Hi everyone,

I'm in the process of filling out the N-400 form and have a question or two.

I've searched the forum from head to toe and haven't found anyone with a similar situation so I'm asking your opinion on my possibility of obtaining US citizenship with the following situation:

I'm been a green card holder since 1961 when my family moved to the US from Canada.

In 1972 I got a speeding ticket and paid the fine, I don't remember the amount but it was certainly under $5oo.oo.

In 1973 I was arrested for DUI/Operating to Endanger and had the case dismissed after completing a Driving/Alcohol awareness program.

1996 was arrested for DUI. Case was "Continued Without a Finding" after a year probation and completing a Driver/Alcohol Awareness program.

I'm aware that USCIS will more than likely consider a "Conviction" in both cases.

I've had no other situations since then.....kept my nose very clean!

Should I move forward and complete the N-400 and submit it for consideration or just settle for renewing my GC later next year?

I appreciate any opinions anyone might have.

Thanks.
 
You have clean record for last 14 years. Go ahead and file N-400. Be truthful and give correct data. You would be approved. In any case no one can take your GC away. Have no fears go ahead.
 
Those offenses won't prevent you from naturalizing, but you still have to provide documentation for the arrests in 1973 and 1996, and obtaining such old documents could be difficult.
 
immigrat123 said:
Hi everyone,

I'm in the process of filling out the N-400 form and have a question or two.

I've searched the forum from head to toe and haven't found anyone with a similar situation so I'm asking your opinion on my possibility of obtaining US citizenship with the following situation:

I'm been a green card holder since 1961 when my family moved to the US from Canada.

In 1972 I got a speeding ticket and paid the fine, I don't remember the amount but it was certainly under $5oo.oo.

In 1973 I was arrested for DUI/Operating to Endanger and had the case dismissed after completing a Driving/Alcohol awareness program.

1996 was arrested for DUI. Case was "Continued Without a Finding" after a year probation and completing a Driver/Alcohol Awareness program.

I'm aware that USCIS will more than likely consider a "Conviction" in both cases.

I've had no other situations since then.....kept my nose very clean!

Should I move forward and complete the N-400 and submit it for consideration or just settle for renewing my GC later next year?

I appreciate any opinions anyone might have.

Thanks.
Click to expand...

One of the problems people in your situation encounter is listing all travels since becoming permanent resident
...If you haven't travelled or remember all your travels, then I don't think the DUI's are gonna be issue....good lukc
 
Jackolantern said:
Those offenses won't prevent you from naturalizing, but you still have to provide documentation for the arrests in 1973 and 1996, and obtaining such old documents could be difficult.
Click to expand...

If it is impossible to obtain those documents, then just explain sincerely that they are not obtainable any more.
 
Thanks everyone for the positive information. I'll do my best to retrieve all the possible documentation available.

As to trips outside the US.....that's going to be tough but I'll list everyone I can remember.

Thanks again.
 
WBH said:
If it is impossible to obtain those documents, then just explain sincerely that they are not obtainable any more.
Click to expand...

That might work for the 1973 arrest, but I expect the IO will insist on seeing either a court document of the 1996 arrest or a document from the court saying the 1996 record is no longer available.
 
Last edited by a moderator:
The last trip I took out of the US was in 1989 to Holland on business for two weeks. I have the passport but it wasn't stamped. All prior trips didn't require a passport.

I have Certified Court Documentation for the 1996 case but waiting to see what they can come up with on the 1973 case.
 
Jackolantern said:
The trips more than 5 years ago are largely irrelevant, so it won't matter if you miss one or two of those old trips or get the dates slightly wrong.
Click to expand...

"The trips more than 5 years ago are largely irrelevant." Where do you get this information? On the N-400,
it says list all trips outside of the US since you become permenant resident. It does not attack any significance
to any particular year or years...what makes you think that trips that are more than five years are irrelevant?
 
faysal said:
"The trips more than 5 years ago are largely irrelevant." Where do you get this information? On the N-400,
it says list all trips outside of the US since you become permenant resident. It does not attack any significance
to any particular year or years...what makes you think that trips that are more than five years are irrelevant?
Click to expand...
The continuous residence and physical presence requirements apply only to the last 5 years before applying (with a 90 day grace period), and the time spent during the process until the oath is considered for continuous residence.

I don't know why they want people to list trips that were more than 5 years ago. But they apparently have some unknown reason for it, so I said "largely" irrelevant instead of "completely" irrelevant.
 
Last edited by a moderator:
Jackolantern said:
I don't know why they want people to list trips that were more than 5 years ago. But they apparently have some unknown reason for it, so I said "largely" irrelevant instead of "completely" irrelevant.
Click to expand...

Perhaps travel history beyond statutory period can be used for possible GC abandonment determination.
 
Just an update on the status of obtaining the court documents for the DUI's.

As mentioned earlier I have the certified copy of the Court record for the 1996 case.

As for the 1973 case all the court would do was send me a xerox copy of the case from the court docket book. I guess back then everything was recorded in a docket book. It took them a while, (over a week) to even find it and they didn't certify it.

Do you think USCIS will accept this non-certified xerox copy?

Also, I have contacted both police departments to obtain a copy of the arrest records and both told me they don't have records that far back....actually they both kind of laughed when I asked about such old records!

Do you think it will be a problem not being able to get copies of the arrest records?

I guess at this point all I can do if file and see what happens.

Thanks for any further advice anyone can give.

Thanks.
 
immigrat123 said:
Just an update on the status of obtaining the court documents for the DUI's.

As mentioned earlier I have the certified copy of the Court record for the 1996 case.

As for the 1973 case all the court would do was send me a xerox copy of the case from the court docket book. I guess back then everything was recorded in a docket book. It took them a while, (over a week) to even find it and they didn't certify it.

Do you think USCIS will accept this non-certified xerox copy?

Also, I have contacted both police departments to obtain a copy of the arrest records and both told me they don't have records that far back....actually they both kind of laughed when I asked about such old records!

Do you think it will be a problem not being able to get copies of the arrest records?

I guess at this point all I can do if file and see what happens.

Thanks for any further advice anyone can give.

Thanks.
Click to expand...
USCUS may not even ask for the old records. If they do, showing proof that they are no longer available is sufficient.
 
Hi,

I'm still a little confused as to what documentation I have to submit for my two cases.

I have a "Court Certified" copy of the Court Docket for both cases, 1973 & 1996, and the "Certificate of Competition" for the OUI Program for the 1996 case.
No "Certificate of Competition" of the OUI Program for the 1973 case exist...... I'm not to worry about that.

This is where I'm a little confused. It states you need to supply a Certified Copy of the arrest record. Does that come from the Police Department that made the arrest or is that part of the Court Docket?

(The Court Dockets I have state the reason for arrest, the disposition and that probation was completed.)

Thanks.
 
Hi everyone,


I think I'm all set to file my N-400. This what I have for documentation.

N-400 is filed out.
Photo copy of both sides of my GC
Two identical Photographs - (as per specifications)
Check made out to "U.S. Department of Homeland Security" for $675.00
Court Certified copy of the "Court Docket" for the 1973 case. (That is all
the documentation I can get for this case.)
Court Certified copy of the "Court Docket" and proof DUI Driver Ed Completion for
the 1996 case.
Court Certified copy of my "Divorce Decree"

Total time out of the country was 30 days over the last 49 years......shouldn't
need any documentation here.

No children......no documentation need here.

No traffic tickets......no documentation need here.

That is all the documentation I think should be needed.

Have I missed anything......besides luck?

Thanks.
 
Bobsmyth,

Thanks for that. I was going to send the certified copies. I'll make copies of the certified copies and send the copies. That sounds confusing.....:)

Thanks.
 
You must log in or register to reply here.
Top