rad21

I have received my letter with interview on December 5th. I have court date according to early termination of probation on November 17th and I am planning to go to court with my lawyer to convince the Judge to terminate it so I am good to go on the 5th. If for some reason it wont be granted I think I will try to reschedule first and see what will be my new date of interview. 

they by rules can not approve you while you are still on probation. however once it is over you are able to be approved if they deal the crime was not a violation of good moral character.
 
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter2.html#S-D
 
D. Effect of Probation
 
An officer may not approve a naturalization application while the applicant is on probation, parole, or under a suspended sentence.

If you haven't completed your probation, it's no to naturalization approval, sorry.
If you HAVE completed your probation, it's preferable that you wait at least a few months before applying for the N400 because they will ask for proof of completing it, as well as the arrest record and the court disposition as well.

I wonder if probation has to be completed before applying or before the interview since it is possible to delay the interview by asking for a different date or waiting to respond to rfe.

I suppose that IS possible, providing all the required paperwork would be obtained and in the OP's hand by the time the interview date rolled around.
However, it is better to wait at least few months since the arrest (even though it is not a CIMT) still falls under the statutory period.  

Exactly as ff said. They cannot approve the application while the probation is in effect. That doesn't mean it must be denied either...they can choose to not make a decision until the end of probation.
 
Personally, I'm pretty doubtful they will do so. Since you're applying under the 3 year rule you've only been an LPR for a short period of time and had a recent DUI, which is a pretty significant offense caused by a poor decision. It's pretty difficult to meet the good moral character requirement shortly after a DUI...normally it's better to wait a bit first.
 
You technically don't have to wait until probation is over to file. The law - INA 316.10(c)(1) - only states that they cannot approve the application while the probation is in effect. But in practice, showing GMC so soon after is a very uphill battle.

There may also be a significant delay in getting scheduled for the interview since your fingerprints will have had a "hit" when you did your biometrics....just FYI since you said you were waiting for the appointment letter.

Whatever document you get from the court, just make sure it is court sealed and certified.  USCIS won't accept anything less.  Get 2 copies at least, 1 for your own records if you ever need it for any other purpose later on (like having to submit again if you end up re-applying for citizenship).
You will also need a copy of the arrest record from the police station that had jurisdiction over where you were residing at the time you were arrested.
 
As I and others have said, getting another interview soon after your probation is completed doesn't guarantee an approval either because the offense falls under the statutory period.  That's not to say you will be facing an immediate denial, either---really it's up to the discretion of the interviewer at that point.  He/she will also take into account if it's your first and only offence (either in the US or any other country), what the actual charge was, how long ago it happened, your other personal history as outlined on your application, etc.

A DUI does not automatically disqualify you from naturalization, but the circumstances surrounding it (were children or other people involved, was there a collision or damage, when was it, what was the exact charge, etc.) can be deemed to not meet the good moral character requirement and result in a denial. The burden is on the applicant to show that they qualify for the immigration benefit.
 
http://www.nolo.com/legal-encyclopedia/got-dui-can-i-file-form-n-400-us-citizenship.html

I've heard a DUI is not a CIMT if it is just a basic DUI (not trying to downgrade the charge into sounding pretty at all). Not involving driving with minors in the car, not driving knowing you have a suspended or expired license, not driving without insurance, not speeding, and not a repeat offense, nothing extra basically. I've heard that subject discussed over at immigrate2us a few times, where the complicated cases go to chitchat, so take it for what it is worth. Based on what you said, you're probably good to travel on the GC.
 
I think you have to have a clean record for the last 5yr to naturalize though.....

DUI is not a CIMT
 
Assume there was a LOT more to these cases that has been shared with you.

It's not just about being "barely over the limit" (don't they all say that anyway?). It's not about whether anyone was hurt. It's about your general disregard for the law. That's what they will be looking at. 

You should talk to an attorney because I heard that a DUI may be a problem for citizenship application.

I agree, why risk it.  If the CBP decides to take away the GC even if it ends up not being a case of a crime of moral turpitude and the GC is eventually returned, why put yourself through the hassle of hiring a lawyer and appearing in an immigration court?  Obviously we do not know the entire story of the two anecdotal stories from the OP, I personally wouldn't risk it and instead find another way to conduct the business without traveling out of the US.
 
Good Luck!

If you were told this 2 stories then don't travel. Why risk it? 
 
Have you read this?
http://www.alllaw.com/articles/nolo/us-immigration/dui-dwi-lead-revocation-of-your-green-card.html

The first time I applied, I forgot to send a check with my application. They will just return everything back to you. Once you receive all your documents and the rejection notice, print everything again and send a new check to USCIS. No problems with them rejecting it for valid reasons. It added maybe a month or so in my processing time, but do not worry about it.