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.
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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)
(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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