DWAI and applying for Citizenship

[skippyyippee 0]

Hi, I'm looking to see if anyone can help with the following question.

I got my LPR (Green Card) in Jan of 2008 and am also married to a US citizen (since Oct 2012). But I got a DWAI charge (not DUI) in May of 2009, with a deferred sentence. Other than this DWAI my record is completely clean and clear. Does anyone have information on whether this will have a negative impact on the "good moral character" of my citizenship application? Any help you can offer would be much appreciated. Thanks!

[Darth Vader Q 4]

It might be helpful in the first place if you actually spelled out what DWAI stands for as opposed to assuming that criminal offence acronyms are common knowledge among the general population.

[DC85 113]

I think you can file with no problems specially that you are over the statutory period. But, you can consult with immigration lawyer to make sure.

[Buckyball 22]

Shouldn't be a bid deal.

http://www.ithacadwi.com/Difference_Between_DWAI_vs_DWI.html

[Ian H. 207]

It stands for driving while ability impaired. You can get it from being under the influence of drugs/and or alcohol. This is in place for people who aren't legally drunk (.08% here in NY) but your driving ability is impaired, meaning you didn't pass the field sobriety tests, (counting backwards, walking in a straight line, etc), or you were driving weird.

It might be helpful in the first place if you actually spelled out what DWAI stands for as opposed to assuming that criminal offence acronyms are common knowledge among the general population.

[Ian H. 207]

You haven't been convicted yet, so that's good. Were you actually arrested? If so, you need to get those records and submit a copy of them with your application. You also need to bring it with you on the day of the interview. Also whether you get convicted or not, you would need a copy of that as well, final disposition. I can't really say if it would negatively impact your "good moral character" since I haven't researched it. Maybe someone who has gotten arrested or had a dwai and applied for citizenship can clarify. My opinion is that if it's not something that could get you deported, it shouldn't affect you, especially since it was just a one time incident. They do look at your overall persona, not just that one part of you. Hopefully, it won't be a big deal.

[Darth Vader Q 4]

lol, initialy I thought it might mean Driving Without Any Insurance, because I'd never ever heard of it before. Thanks for the leson, Ian H.

It stands for driving while ability impaired. You can get it from being under the influence of drugs/and or alcohol. This is in place for people who aren't legally drunk (.08% here in NY) but your driving ability is impaired, meaning you didn't pass the field sobriety tests, (counting backwards, walking in a straight line, etc), or you were driving weird.

[Turbota 11]

Why is it that the applicant needs to provide a copy of the arrest record and the courts final disposition in the first place?

Immigrations (Dept. of Homeland Security) is going to do a full criminal background check on the applicant anyway (that's why you need a biometrics) ... They will certainly know whether or not the applicant has been convicted of any crime or not ... and will have full access to the applicants prior arrest records.

Edited July 30, 2014 by Turbota

[Ian H. 207]

They may do that, and you're right, it should be unnecessary. However, they require this as part of the application process. I don't know if they would require the final disposition before proceeding with the application, but I do know that they require a proof of charges filed or what ever the case may be.

Why is it that the applicant needs to provide a copy of the arrest record and the courts final disposition in the first place?

Immigrations (Dept. of Homeland Security) is going to do a full criminal background check on the applicant anyway (that's why you need a biometrics) ... They will certainly know whether or not the applicant has been convicted of any crime or not ... and will have full access to the applicants prior arrest records.

[Turbota 11]

My wife was arrested and charged with misdemeanor battery (touch or strike) a couple of years ago (domestic dispute).

The case was dismissed (thrown out) by the judge, before she ever had to go to court, so she was never convicted of any crime.

Since then she had the record 'expunged' here in Florida. And since it was completely expunged, she could not get a copy of the arrest record or the court's final disposition.

The only thing she could attach with her N-400 was a copy of the final expungment order signed by the judge and a letter from her explaining why she is not attaching the police record or the final court disposition dropping the charge.

Immigrations has accepted her paperwork and they scheduled the biometrics for August 6.

_____________________________________

I am sure they will find out that she was never convicted of any crime.

She is a little worried, but not that much.

Edited July 30, 2014 by Turbota

[Ian H. 207]

She shouldn't be worried at all. Being charged with a crime and convicted are two completely different things. Anyone can get arrested, that doesn't make you a bad person or guilty for that matter. If the case was thrown out, dismissed, expunged, it all means one wasn't convicted. That's the good thing about our government. If one hasn't been convicted of a crime, one can't be penalized for it. They only ask for the paperwork to make your life more complicated, if you ask me. All in all they just like to see proof of what happened.

My wife was arrested and charged with misdemeanor battery (touch or strike) a couple of years ago (domestic dispute).

The case was dismissed (thrown out) by the judge, before she ever had to go to court, so she was never convicted of any crime.

Since then she had the record 'expunged' here in Florida. And since it was completely expunged, she could not get a copy of the arrest record or the court's final disposition.

The only thing she could attach with her N-400 was a copy of the final expungment order signed by the judge and a letter from her explaining why she is not attaching the police record or the final court disposition dropping the charge.

Immigrations has accepted her paperwork and they scheduled the biometrics for August 6.

_____________________________________

I am sure they will find out that she was never convicted of any crime.

She is a little worried, but not that much.