Do I really need a lawyer for N-400

[ArizonaPHX 20]

Hello all,

 

I got a DUI back in Jan 2018 and was wondering if I really need a lawyer to file N-400. The application is straightforward, what do you think?

[Timona 3,970]

No

[KevY56 7]

While for most people the answer is no, for you it is absolutely yes.

 

A DUI is a very serious offense, and you need legal consultation and representation. This is not a DIY.

Edited January 27, 2023 by KevY56

[OldUser 5,085]

I vote for lawyer on this one.

[Dashinka 23,375]

I also agree, at least a legal consultation is warranted here.

 

https://www.alllaw.com/articles/nolo/us-immigration/applying-citizenship-dui-your-record.html

[Verrou 1,901]

for DUI i will consult with lawyer. doesnt seems straight forward case to me

[Family 3,551]

You actually waited out the 5 years since conviction  , so no problem…plus DUI starts being problematic when more than one . You can DIY . Just get court disposition and include copies w N-400

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5

Evidence of two or more DUI convictions during the statutory period establishes a rebuttable presumption that an applicant lacks GMC.^[51] The rebuttable presumption may be overcome

[ArizonaPHX 20]

Thank you all.

 

I did talk to my lawyer and he said he does not see any issue with my application. I did file 485 and 751 with him, but he is asking for too much money for the N-400. 

Thats why I thought of doing myself, I will probably search for another lawyer who asks for a reasonable price. 

 

 

[Scandi 3,979]

I don't see the need for a lawyer in any of the info you have provided. Just provide USCIS with all the documentation regarding the DUI, and don't lie on the form or interview. You'll be fine, no lawyer needed. 

[Dip694 7]

I had a DUI back in 2013 (not my most glorious day). Case is now close. I filed my N-400 back in November, just had my interview this past week, and passed. Waiting for my oath ceremony date. Don’t think you need a lawyer, but every case is different. 

[da95826 387]

Yes, you need to consult an immigration lawyer. DUI's are not the same from state to state and all US states treat DUI/DWI differently. If it was a felony conviction, then you may not want to apply for naturalization at all. You would need to wait 5 years after any probation or incarceration has ended to apply for n400 if it were a misdemeanor conviction, and you are not subject to deportation.

 

Any criminal conviction requires an immigration attorney's review as to the effect on the LPR status in the US, if you became deportable, became inadmissible to US, or you simply will not make good moral charter standard for a n400 application. 

 

LPR with criminal convictions should not DIY your immigration interactions with USCIS, or even travel out of the US without the advice of an immigration lawyer.

[ArizonaPHX 20]

2 hours ago, da95826 said:

Yes, you need to consult an immigration lawyer. DUI's are not the same from state to state and all US states treat DUI/DWI differently. If it was a felony conviction, then you may not want to apply for naturalization at all. You would need to wait 5 years after any probation or incarceration has ended to apply for n400 if it were a misdemeanor conviction, and you are not subject to deportation.

 

Any criminal conviction requires an immigration attorney's review as to the effect on the LPR status in the US, if you became deportable, became inadmissible to US, or you simply will not make good moral charter standard for a n400 application. 

 

LPR with criminal convictions should not DIY your immigration interactions with USCIS, or even travel out of the US without the advice of an immigration lawyer.

Thank you for the info, I got the DUI back in 2017 and convicted in Jan 2018. No pro probation and got two days jail time. At the time I was on a visa, I got my green card Aug 2019 and the 10 years sep last year. My DUI was a misdemeanor and of course I talked to my lawyer and he said he does not see any issue at all with filing N-400. I would definitely stick with him but he asked for a lot of money (unreasonable price).

 

 

[randomstairs 270]

If it's a straightforward case I don't really see what an attorney could add. The N-400 is pretty clear on what evidence to submit regarding the conviction. I'd chance it and go to the interview, present all the evidence, and answer all the questions pertaining to the conviction. Worst possible outcome would be an RFE or NOID and then absolutely do hire a lawyer, whatever the price. 

[ArizonaPHX 20]

20 hours ago, randomstairs said:

If it's a straightforward case I don't really see what an attorney could add. The N-400 is pretty clear on what evidence to submit regarding the conviction. I'd chance it and go to the interview, present all the evidence, and answer all the questions pertaining to the conviction. Worst possible outcome would be an RFE or NOID and then absolutely do hire a lawyer, whatever the price. 

I think thats what Im gonna do, been reading a lot and it seems to be fine. 

 

Thanks all!