DUI and naturalization

[krnjin 0]

I got a interview at 7/1 but yesterday, 6/10 i got arrested for suspicious of DUI. My court date is 8/10.

What should i do??

Will my naturalization get denied??

If so, whats the other option other than waiting for 5 years?

[Anitafeliz 1,133]

You haven't been convicted of anything yet....I wouldn't see why that would be a problem yet....why are u driving drunk!? if it comes up be honest...

[EM_Vandaveer 2,366]

You'll most likely receive an RFE at your interview. You'll have to give USCIS the final disposition of your court case, once you have it. What happens then depends on the outcome of your court case.

[krnjin 0]

Whats RFE?

[kris&me 572]

RFE is request for evidence

[EM_Vandaveer 2,366]

Just to clarify: you are required to tell them at the interview that you have a pending case.

[Ontarkie 13,904]

~~Moved to US Citizenship General Discussion, from General Immigration Related Discussion - As this is about the Naturalization process.~~

[JimmyHou 610]

At the interview you'll go over your application and when you get to the question about arrests you'll need to disclose this. You should probably tell your interviewer as soon as you begin.

There are no guarantees, but in all likelihood, the result of your interview will be that a decision cannot be made. You'll be sent a letter asking you to provide the results of the case before a decision is reached. If you are convicted, in all likelihood your naturalization application will be denied. Your green card should not be affected and you should be able to reapply when the statutory period (3 years or 5 years depending on how you applied) has passed.

The trickier bit is that they usually give you 1 month to respond. So you need to tell your interviewer that you need an extension of the case isn't set to be heard until August. Or you can try to get it moved up. You also have the choose to withdraw your application at the interview or before then.

All that being said, there are people who have passed the interview with convictions on their records even when those convictions were within the statutory period. Here is one such case: http://www.visajourney.com/forums/topic/578108-n-400-with-a-dui-on-record/

It's not a good situation to be in.

Be careful and take some solace in the fact that you weren't hurt and that your green card won't be affected.

Edited June 12, 2016 by JimmyHou

[TBoneTX 43,020]

Two judgmental posts and a quote thereof have been removed. Please restrict your replies to answering the OP's query.

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