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N-400 Citizenship application with misdemeanor Dui.

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.

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Attorney answers 4


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 to discuss the above answer in more detail if you wish. But if you want legal advice, you will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on the above answer or any other answers on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Therefore, I provide the information in this web site for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship with me. Further communication with our attorneys through AVVO, our website at, and/or e-mail may not be considered as confidential or privileged.


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: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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.


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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