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Posted

I have not read here yet, am I the only one?

Here is my question...

-I am applying for my ROC in October and last year I got a DUI. Is there any problems? I am still married and we have all the proof that we are together....

Shoud I be worried about the DUI that I got last year???

Thank you all soooo much... and good luck to you all!!!

AOS JOURNEY
09/25/2012 - Sent AOS I-485/EAD Package
10/04/2012 - 2 NOA's hardcopies received at home
10/11/2012 - Biometrics appointment letter received
10/15/2012 - RFE hard copy (request for 2011 tax return and sponsor I-864 )
10/20/2012 - RFE sent and txt message received confirming they got it
10/22/2012 - Walk-in biometrics successful (15 days earlier)
12/10/2012 - Status updated, interview schedule for 01/11/2013
12/11/2012 - EAD status updated approved
12/15/2012 - EAD status Document Production
12/17/2012 - EAD status USPS has picked up
12/19/2012 - EAD card received
01/11/2013 - Interview, approved on spot
01/19/2013 - Green Card arrived in the mail :) See you in two years :)

I-751 Removing Condition Journey

10/15/2014 - Sent I-751 Package

10/18/2014 - Received NOA1 (One year Extension)

10/20/2014 - Check Cashed

10/29/2014 - Biometrics Appointment letter received for 10/11/14

11/04/2014 - Biometrics done (Walk in)

04/02/2015 - Approved and Card in production :)

Posted

Yes, it could be a problem. You should consult with an experienced immigration attorney, as a DUI could render you inadmissible, depending on the exact nature of the offence and your state's DUI laws.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Yes, it could be a problem. You should consult with an experienced immigration attorney, as a DUI could render you inadmissible, depending on the exact nature of the offence and your state's DUI laws.

it was a misdemeanor, state of california... nothing crazy like crashing or killing anyone ,,,, just a regular DUI...

AOS JOURNEY
09/25/2012 - Sent AOS I-485/EAD Package
10/04/2012 - 2 NOA's hardcopies received at home
10/11/2012 - Biometrics appointment letter received
10/15/2012 - RFE hard copy (request for 2011 tax return and sponsor I-864 )
10/20/2012 - RFE sent and txt message received confirming they got it
10/22/2012 - Walk-in biometrics successful (15 days earlier)
12/10/2012 - Status updated, interview schedule for 01/11/2013
12/11/2012 - EAD status updated approved
12/15/2012 - EAD status Document Production
12/17/2012 - EAD status USPS has picked up
12/19/2012 - EAD card received
01/11/2013 - Interview, approved on spot
01/19/2013 - Green Card arrived in the mail :) See you in two years :)

I-751 Removing Condition Journey

10/15/2014 - Sent I-751 Package

10/18/2014 - Received NOA1 (One year Extension)

10/20/2014 - Check Cashed

10/29/2014 - Biometrics Appointment letter received for 10/11/14

11/04/2014 - Biometrics done (Walk in)

04/02/2015 - Approved and Card in production :)

Filed: K-1 Visa Country: Mexico
Timeline
Posted

Hi dadjhow,

I am in the same situation as you are and I already called an Immigration attorney and he said, that a dwi/dui is not a basis to denied your ROC applications, now they might want you to send the outcome of your case, or perhaps even interviewed you, but if your marriage is legit i DONT SEE HOW YOU COULD BE DENIED.

Posted (edited)

Then hopefully not, but DUI can sometimes be considered a crime involving moral turpitude, and if so this could lead to your inadmissibility. Exploring the issue with an attorney is the way to go. Absent of any property damage or injuries (or worse), then I suspect you'll probably be ok, but IANAL.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Hi dadjhow,

I am in the same situation as you are and I already called an Immigration attorney and he said, that a dwi/dui is not a basis to denied your ROC applications, now they might want you to send the outcome of your case, or perhaps even interviewed you, but if your marriage is legit i DONT SEE HOW YOU COULD BE DENIED.

yeahhhhhhhhhhh I am not alone!!! Well that is what I was thinking! I work pay taxes , live with my wife , I am not an alcoholic, just had a bad luck after a work dinner and couple glasses of wine :( ... but anyways , I am hoping an interview and get everything done right?!!! usually there is no interview but in my case I think there is one .. I also went to Brazil to visit my family and came back ... they asked at the airport abt my DUI but let me go... not a big deal...

AOS JOURNEY
09/25/2012 - Sent AOS I-485/EAD Package
10/04/2012 - 2 NOA's hardcopies received at home
10/11/2012 - Biometrics appointment letter received
10/15/2012 - RFE hard copy (request for 2011 tax return and sponsor I-864 )
10/20/2012 - RFE sent and txt message received confirming they got it
10/22/2012 - Walk-in biometrics successful (15 days earlier)
12/10/2012 - Status updated, interview schedule for 01/11/2013
12/11/2012 - EAD status updated approved
12/15/2012 - EAD status Document Production
12/17/2012 - EAD status USPS has picked up
12/19/2012 - EAD card received
01/11/2013 - Interview, approved on spot
01/19/2013 - Green Card arrived in the mail :) See you in two years :)

I-751 Removing Condition Journey

10/15/2014 - Sent I-751 Package

10/18/2014 - Received NOA1 (One year Extension)

10/20/2014 - Check Cashed

10/29/2014 - Biometrics Appointment letter received for 10/11/14

11/04/2014 - Biometrics done (Walk in)

04/02/2015 - Approved and Card in production :)

Posted

Unlike the above poster, hypnos, I really don't see a dui as a problem unless you killed someone, or caused substantial damage or injuries to others..., but this is just my opinion. People, including politicians and clergy get duis and it is not a big deal. But, you still have to disclose any arrests and court results related to any arrest. Personally, I would not hire an attorney, after all, he is only going to be a mouthpiece after the fact. To offer examples, I was the petitioner for my gal and I have a few dui's... and it was not a problem and she is now getting ready to apply for her citizenship. My gal also got a ticket for running a red light, and from what I read about the N-600 instructions, she is going to have to list this... Yeah, I know the two don't relate but it is still part of the process.

I would just list the charge(s), arrest and disposition of the case. Also, this is just a "misdemeanor" and, in my opinion not a "crime involving moral turpitude" but then again I am not a rocket scientist like some people on this forum like to think they are. You really have no choice but to file for the ROC within a timely manner and unless you have a pocket full of honey money, do it yourself and forget the attorney. You have nothing to gain by having an expensive mouthpiece nor more to lose by listing the arrest and outcome.

Best of luck!

Posted

If this was his first offense and like he said there was no accident or lost lives, that will not be considered a crime involving moral turpitude. I I

I am looking into the same way,,, regular DUI ... Hope there is no problem , as I said before ... I think there will be an interview for sure ... but nothing to be worried abt... DEFINITIVELY NOT DRINKING AND DRIVING AGAIN :)

AOS JOURNEY
09/25/2012 - Sent AOS I-485/EAD Package
10/04/2012 - 2 NOA's hardcopies received at home
10/11/2012 - Biometrics appointment letter received
10/15/2012 - RFE hard copy (request for 2011 tax return and sponsor I-864 )
10/20/2012 - RFE sent and txt message received confirming they got it
10/22/2012 - Walk-in biometrics successful (15 days earlier)
12/10/2012 - Status updated, interview schedule for 01/11/2013
12/11/2012 - EAD status updated approved
12/15/2012 - EAD status Document Production
12/17/2012 - EAD status USPS has picked up
12/19/2012 - EAD card received
01/11/2013 - Interview, approved on spot
01/19/2013 - Green Card arrived in the mail :) See you in two years :)

I-751 Removing Condition Journey

10/15/2014 - Sent I-751 Package

10/18/2014 - Received NOA1 (One year Extension)

10/20/2014 - Check Cashed

10/29/2014 - Biometrics Appointment letter received for 10/11/14

11/04/2014 - Biometrics done (Walk in)

04/02/2015 - Approved and Card in production :)

Posted

Unlike the above poster, hypnos, I really don't see a dui as a problem unless you killed someone, or caused substantial damage or injuries to others..., but this is just my opinion. People, including politicians and clergy get duis and it is not a big deal. But, you still have to disclose any arrests and court results related to any arrest. Personally, I would not hire an attorney, after all, he is only going to be a mouthpiece after the fact. To offer examples, I was the petitioner for my gal and I have a few dui's... and it was not a problem and she is now getting ready to apply for her citizenship. My gal also got a ticket for running a red light, and from what I read about the N-600 instructions, she is going to have to list this... Yeah, I know the two don't relate but it is still part of the process.

I would just list the charge(s), arrest and disposition of the case. Also, this is just a "misdemeanor" and, in my opinion not a "crime involving moral turpitude" but then again I am not a rocket scientist like some people on this forum like to think they are. You really have no choice but to file for the ROC within a timely manner and unless you have a pocket full of honey money, do it yourself and forget the attorney. You have nothing to gain by having an expensive mouthpiece nor more to lose by listing the arrest and outcome.

Best of luck!

you got it!!! Feels good to hear that and I wasnt planning on hiring an attorney... wast of money as u said :) THANK YOU VERY MUCHHHH

AOS JOURNEY
09/25/2012 - Sent AOS I-485/EAD Package
10/04/2012 - 2 NOA's hardcopies received at home
10/11/2012 - Biometrics appointment letter received
10/15/2012 - RFE hard copy (request for 2011 tax return and sponsor I-864 )
10/20/2012 - RFE sent and txt message received confirming they got it
10/22/2012 - Walk-in biometrics successful (15 days earlier)
12/10/2012 - Status updated, interview schedule for 01/11/2013
12/11/2012 - EAD status updated approved
12/15/2012 - EAD status Document Production
12/17/2012 - EAD status USPS has picked up
12/19/2012 - EAD card received
01/11/2013 - Interview, approved on spot
01/19/2013 - Green Card arrived in the mail :) See you in two years :)

I-751 Removing Condition Journey

10/15/2014 - Sent I-751 Package

10/18/2014 - Received NOA1 (One year Extension)

10/20/2014 - Check Cashed

10/29/2014 - Biometrics Appointment letter received for 10/11/14

11/04/2014 - Biometrics done (Walk in)

04/02/2015 - Approved and Card in production :)

Posted

I did not say hire a lawyer, I said consult with one, which would cost a nominal fee, or may even be free. I suspect that the OP will probably be fine, but if I were in his shoes I would take legal advice over the matter. Of course, what you choose to do in your particular cases is up to you.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

yeahhhhhhhhhhh I am not alone!!! Well that is what I was thinking! I work pay taxes , live with my wife , I am not an alcoholic, just had a bad luck after a work dinner and couple glasses of wine sad.png ... but anyways , I am hoping an interview and get everything done right?!!! usually there is no interview but in my case I think there is one .. I also went to Brazil to visit my family and came back ... they asked at the airport abt my DUI but let me go... not a big deal...

'Bad luck'? I think not. Poor judgement, more like.

Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

Filed: K-3 Visa Country: Colombia
Timeline
Posted

it's ok for now but later for your n-400 citizen you could have a problem with moral, so keep all your records of the DUI and court papers and school. you're going to need al of that for your citizenship interview, write now the 1-751 roc wants to know if your marriage is real a bonafide relationship.evidence

 
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