DUI and Filling N-400

[Robby16 0]

Hello folks,

 

I am filing Form N-400. I got a DUI in 2013. I was placed on Three years of informal court probation that I was done with in 2015. It was a criminal misdemeanor conviction in July 2013. Here is the list of questions I am having confusion filling Yes/No.What would be appropriate answers.Please advice :

 

Q 22:  Have you Ever committed, assisted in committing, or attempted to commit , a crime or offense for which you were NOT arrested? Y/N

 

Q 23: Have you ever been arrested, cited or detained by any law enforcement officer for any reason? Y/N

 

Q 24: Have you ever been charged with committing, attempting to commit, or assisting in committing a crime or offense ? Y/N

 

Q 25: HAVE YOU EVER BEEN CONVICTED OF A CRIME OR OFFENSE? Y/N

 

Q26: Have you ever been placed in an alternative sentencing or a rehabilitative program? Y/N

 

Q27: Have you ever received a suspended sentence, been placed on probation, or been paroled?

 

In addition, what additional documents I need to provide as evidence of support along with N-400.

 

 

[bearmirus 45]

15 hours ago, Robby16 said:

Hello folks,

 

I am filing Form N-400. I got a DUI in 2013. I was placed on Three years of informal court probation that I was done with in 2015. It was a criminal misdemeanor conviction in July 2013. Here is the list of questions I am having confusion filling Yes/No.What would be appropriate answers.Please advice :

 

Q 22:  Have you Ever committed, assisted in committing, or attempted to commit , a crime or offense for which you were NOT arrested? Y/N

 

Q 23: Have you ever been arrested, cited or detained by any law enforcement officer for any reason? Y/N

 

Q 24: Have you ever been charged with committing, attempting to commit, or assisting in committing a crime or offense ? Y/N

 

Q 25: HAVE YOU EVER BEEN CONVICTED OF A CRIME OR OFFENSE? Y/N

 

Q26: Have you ever been placed in an alternative sentencing or a rehabilitative program? Y/N

 

Q27: Have you ever received a suspended sentence, been placed on probation, or been paroled?

 

In addition, what additional documents I need to provide as evidence of support along with N-400.

 

 

6

At any point you have dealt with either/both law enforcement and the judicial system whether it is formal or informal, you have to disclose the offense on your N400. In your case with the criminal misdemeanor, you have to say YES to all except perhaps for Q26. you would need to provide a certified court disposition and police record. All of this is needed to determine the Good Moral Character criteria. 

 

Disclaimer: I'm not a lawyer and I would advise you to check with an immigration lawyer. 

[vjjmember111 5]

Robby16,

Agree with Bearmirus that if you are ever arrested/detained by law enforcement officer, you MUST disclose your offense in N-400. If it is the only conviction, all you need is Court Certified deposition letter and send it along with your N-400 package (court certified disposition letter is enough which has all the documents needed by USCIS). You can obtain disposition letter from the court where you were convicted of DUI. 

 

Q 22:  Have you Ever committed, assisted in committing, or attempted to commit , a crime or offense for which you were NOT arrested? Y/N

           N (unless if you have committed something that law enforcement is unaware of) 

Q 23: Have you ever been arrested, cited or detained by any law enforcement officer for any reason? Y/N

           Y (because you were arrested, cited or detained - NOTE traffic tickets are considered as CITATIONS ) 

Q 24: Have you ever been charged with committing, attempting to commit, or assisting in committing a crime or offense ? Y/N

          Y (because you were charged with DUI ) 

Q 25: HAVE YOU EVER BEEN CONVICTED OF A CRIME OR OFFENSE? Y/N

          Y (because you were convicted of DUI ) 

Q26: Have you ever been placed in an alternative sentencing or a rehabilitative program? Y/N

          N (Unless if you were placed in alternative sentencing or rehabilitative program ) 

Q27: Have you ever received a suspended sentence, been placed on probation, or been paroled?

        Y ( since you mentioned 3 years probation is completed resulting from DUI) 

 

Disclaimer: I am not an attorney or lawyer. Views expressed here are my personal opinion. 

[Mx08 1]

Hey bearmirus how did everything go? Did you get approved or denied?? 

[Lelita 74]

19 minutes ago, Rojasmarco08 said:

Hey bearmirus how did everything go? Did you get approved or denied?? 

He passed his interview but was not approved

he was given the decision cannot be made at this time

[Mx08 1]

Still no decision? I am going trough the same problem. I had my interview on the 9th of this month and passed but decision cannot be made. 

[Lelita 74]

32 minutes ago, Rojasmarco08 said:

Still no decision? I am going trough the same problem. I had my interview on the 9th of this month and passed but decision cannot be made. 

Oh wow! sorry to hear that

had mine interview yesterday and was afraid of getting that quote. Thank god I was approved at the spot and now waiting for my oath letter!

 

[Mx08 1]

52 minutes ago, Lela37 said:

Oh wow! sorry to hear that

had mine interview yesterday and was afraid of getting that quote. Thank god I was approved at the spot and now waiting for my oath letter!

 

Congrats! Lucky you. Did you have a DUI also? 

[Robby16 0]

I was in same boat but I got citizenship. 

[Mx08 1]

37 minutes ago, Robby16 said:

I was in same boat but I got citizenship. 

Did you get recommended for approval or had to wait?

[Robby16 0]

5 minutes ago, Rojasmarco08 said:

Did you get recommended for approval or had to wait?

They said I will get a notice about decision and got letter of approval within 2 weeks. 

[Mx08 1]

Just now, Robby16 said:

They said I will get a notice about decision and got letter of approval within 2 weeks. 

I guess I am going to have to wait longer. I had my interview on the 9th of this month and still waiting for an update. When did you get your DUI and when did you apply for citizenship?

[Robby16 0]

5 minutes ago, Rojasmarco08 said:

I guess I am going to have to wait longer. I had my interview on the 9th of this month and still waiting for an update. When did you get your DUI and when did you apply for citizenship?

Don't worry. They are extremely busy, you will get it soon. I got DUI in 2013 and applied for citizenship last year

[Lelita 74]

1 hour ago, Rojasmarco08 said:

Congrats! Lucky you. Did you have a DUI also? 

No, but I owe money to the IRS

but have an agreement of course, the lady said that if u are on time with ur payments u should be good!

[Mx08 1]

25 minutes ago, Robby16 said:

Don't worry. They are extremely busy, you will get it soon. I got DUI in 2013 and applied for citizenship last year

I see, well you gave me more hope. Thanks a lot for your replies. I’ll keep this forum posted when I get a letter from them.