Applying for N400 with a DUI in NJ

[f2aguy 0]

My Info: I had a DUI in 2007 in NJ, convicted in 2008 followed by a 7 month license suspension completed in 2009.

 

Can you please share your experience in applying for N400 in NJ with a DUI?

Which year was you DUI?

When did you apply N400?

When did you had your interview?

Did you hire a lawyer?

Was having a lawyer helpful?

How was your experience with the immigration officer?

What questions were asked?

Did you get your citizenship approved?

What did you answer for the questions below?

and any others you can think of.

 

Thank you so much in Advance.

 

1) Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested? 

2) Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason? 

3) Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense? 

4) Have you EVER been convicted of a crime or offense? 

5) Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)? 

6) Have you EVER received a suspended sentence, been placed on probation, or been paroled?

7) Have you EVER been in jail or prison? 

 

 

[Ido 16]

58 minutes ago, f2aguy said:

My Info: I had a DUI in 2007 in NJ, convicted in 2008 followed by a 7 month license suspension completed in 2009.

 

Can you please share your experience in applying for N400 in NJ with a DUI?

Which year was you DUI?

When did you apply N400?

When did you had your interview?

Did you hire a lawyer?

Was having a lawyer helpful?

How was your experience with the immigration officer?

What questions were asked?

Did you get your citizenship approved?

What did you answer for the questions below?

and any others you can think of.

 

Thank you so much in Advance.

 

1) Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested? 

2) Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason? 

3) Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense? 

4) Have you EVER been convicted of a crime or offense? 

5) Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)? 

6) Have you EVER received a suspended sentence, been placed on probation, or been paroled?

7) Have you EVER been in jail or prison? 

 

 

I do not have experience applying for naturalization with a DUI - but I applied with a traffic ticket (paid a fine, less than $500). Note that M-476 says the following :

 

Q 7. If I have been convicted of a crime but my record has been expunged, do I need to write that on my application or tell a USCIS officer?

A Yes. You should always be honest with USCIS about all:

• Arrests (even if you were not charged or convicted);

• Convictions (even if your record was cleared or expunged);

• Crimes you have committed for which you were not arrested or convicted; and

• Any countervailing evidence, or evidence in your favor concerning the circumstances of your arrests, and/or convictions or offenses that you would like USCIS to consider.

  Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident. Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine less than $500 and/or points on your driver’s license.

I did disclose the ticket (better safe than sorry), and even if it says "you do NOT need to submit documentation", I did submit such documentation (certified driving record, copy of receipt for my payment of the fine, etc.). And it did came up, and I had marked #4 as NO ("I didn't commit any crime, I paid a fine", I thought). I was told "well, you paid a fine, hence you were found guilty, hence you were convicted of an offense". I didn't feel like arguing. I did go back and check the USCIS Policy Manual for Naturalization, and yeah - according to the USCIS Policy Manual, I was "convicted". See https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

 

<quote>

1. Statutory Definition of Conviction for Immigration Purposes

Most of the criminal offenses that preclude a finding of GMC require a conviction for the disqualifying offense or arrest. A “conviction” for immigration purposes means a formal judgment of guilt entered by the court. A conviction for immigration purposes also exists in cases where the adjudication of guilt is withheld if the following conditions are met:

• A judge or jury has found the alien guilty or the alien entered a plea of guilty or nolo contendere^[8] or has admitted sufficient facts to warrant a finding of guilt; and

• The judge has ordered some form of punishment, penalty, or imposed a restraint on the alien’s liberty.^[9] 

</quote>

 

Very flexible.

In your case, there's no doubt you WERE convicted of a crime or offense - so . . .

 

1) Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested? NO - you WERE arrested

2) Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason? YES

3) Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense? YES

4) Have you EVER been convicted of a crime or offense? YES

5) Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)? You answer this as appropriate to your particular case

6) Have you EVER received a suspended sentence, been placed on probation, or been paroled? You answer this as appropriate to your particular case

7) Have you EVER been in jail or prison? You answer this as appropriate to your particular case

 

Based on my personal experience, you should be 110% thrutful here - remember that if you lie, or hide facts, you are under oath - and even if you ARE approved, and go through the oath of allegiance, and become naturalized - there's always a chance your naturalization can be revoked, because you lied under oath to obtain a benefit.

 

Also remember that when it comes to DUI, two strikes and you're out - see https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5 - and even when it is rebuttable, good luck with that.

 

Unrequested advice: for the remainder of the process, and until naturalized (and also after it) - if you drink, take an Uber, or stick to club soda.