N-400 Citizenship application with misdemeanor Dui.

Asked over 2 years ago - Tucson, AZ

N-400 Citizenship application with misdemeanor Dui one year ago, and i did serve 24hr jail time and am still paying the $1860.00 fine, and am not on probation, also my driver license was suspended for 3 month only. On March,15 2012 i did aply for N400 citizenship application and, on March 26, i received a biometric appt letter bt am still wrry about the Dui if its gonna really effect me.

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . If this is your only criminal conviction, you are okay. A DUI is not considered a crime of moral turpitude so it won't prevent you for demonstrating "good moral character".

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney
    Board Certified Immigration Attorney
    Testified before U.S. Senate
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Richard Brian Hein

    Pro

    Contributor Level 12

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    Lawyers agree

    Answered . You should disclose the arrest, and you will have to provide a certified court disposition if you have not done so yet. Assuming this is the only DUI you have had, and the state misdemeanor does not qualify as a felony for immigration purposes, it should not cause you an issue with respect to your good moral character. This being said, you should consult with an immigration attorney in order to confirm the particularities of your case.

    Disclaimer: Contact me at (314) 645-7900 or at http://www.heinlegal.com to discuss the above answer in more detail... more
  3. Robert West

    Contributor Level 20

    3

    Lawyers agree

    Answered . Did you not consult with an Immigration lawyer in Tuscon BEFORE you filed the N-400? Frankly, you may be ok but you have some sense it might be a problem and yet you filed anyway. Local USCIS policies can be different in each jurisdiction.

  4. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Assuming that this is your only DUI, you may be okay, but some offices vary in their policies. Have you ever been arrested for other DUIs? I strongly recommend an appointment with a competent and experienced immigration attorney, who practices in Tucson, AZ at the USCIS Naturalization Branch.

    Each Branch and its Naturalization Examiners may differ in how they handle these matters.

    This is general information, not legal advice, and does not create an attorney client relationship.

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