DUI While N-400 Pending after Biometrics

[Harmonia 211]

Last Fri. a family member got arrested for a DUI 1st offense and refused to take a breathalyzer. His ROC I-751 has been pending almost a year through VSC, and he also filed for N-400 and did fingerprints already. He has no other criminal history. I've read through past threads and it seems like USCIS will put the natz on hold until the criminal case is done. He may be able to take the citizenship exam but they will not make a decision. Correct?

I also read some other posts who said you can't finish natz when you're on probation. I assume he'd get probation for this, so if natz is "on hold", is there a time limit? It would be sad to lose his filing fee when he's looking at $3,000 for the DUI. Any idea if he'd need to refile if its put on hold for the probationary period?

[RodDetroit 118]

Two things, a DUI will may remove him from the country , your N400 won be approved until the I751 gets approved which may not happen.

http://www.alllaw.com/articles/nolo/us-immigration/dui-dwi-lead-revocation-of-your-green-card.html

[moe1985 8]

Two things, a DUI will may remove him from the country , your N400 won be approved until the I751 gets approved which may not happen.

http://www.alllaw.com/articles/nolo/us-immigration/dui-dwi-lead-revocation-of-your-green-card.html

Green Card is a right, however, the U.S citizenship is a privilege. He can get denied for U.S citizen if he was found guilty in court. A deportation wouldn't be possible here based on the story!!

[moe1985 8]

Last Fri. a family member got arrested for a DUI 1st offense and refused to take a breathalyzer. His ROC I-751 has been pending almost a year through VSC, and he also filed for N-400 and did fingerprints already. He has no other criminal history. I've read through past threads and it seems like USCIS will put the natz on hold until the criminal case is done. He may be able to take the citizenship exam but they will not make a decision. Correct?

dning

I also read some other posts who said you can't finish natz when you're on probation. I assume he'd get probation for this, so if natz is "on hold", is there a time limit? It would be sad to lose his filing fee when he's looking at $3,000 for the DUI. Any idea if he'd need to refile if its put on hold for the probationary period?

First, he needs to hire an attorney, who specializes in DUI cases, not just any attorney! Make sure, that the attorney is a registered member in the national DUI defense association! Once the attorney is hired, he needs to be aware of the immigration case and the negative impact would be if the defendant pleads guilty! This is crucial that this case gets dismissed and closed right then on the day when he appears in court. Some lawyers will work out a deal with the judge for a court referral, which requires the defendant to do several things over a period of time ( probation) to comply with with the court order, such as : Attending AAA class or being randomly tested for drugs and alcohol! Well, USCIS looks at this as a form of punishment and guilt, not to mention that the defendant will be already on probation and USCIS cant approve someone, who is on probation, its an automatic denial!. Bottom line, this case needs to be dismissed and closed on the day he appears court for the best outcome, otherwise he will be denied for the citizenship application but, WILL NOT BE DEPORTED !

Good luck!

[vegasbound 83]

People have had their GC revoked for less than a DUI so I would definitely take the above comments with a healthy grain of salt.

Even if it's true that having a felony record will not get you deported (which I seriously doubt), every GC holder will have to renew their status eventually. Denial on the basis of moral turpitude is not unheard of and having a DUI record will definitely put you on shaky grounds when that time comes.

Good luck!

[Villanelle 4,122]

Sorry to hear about that Harmonia. Please listen to Moe. He has experience with this and came out on top.

As for deportation etc etc- LOL.

Even posted on the link above' "Having one or more DUIs is not, by itself, on the list of deportability grounds found in the immigration laws." Thats it. Period. As for it being a CMT. Immigration law does not have a set definition for what is a crimes of moral turpitude, but courts have ruled many times. "Administrative case law has characterized moral turpitude as "a nebulous concept, which refers generally to conduct that shocks the public conscience." Crimes include theft, murder, perjury, fraud, abuse, and sexual crimes. Driving Under the Influence and Simple Assault are usually not crimes of moral turpitude in regards to deortation. So as the page linked went on to describe- unless there is something else to the story, something more, something heinous- theres no chance it will be a CMT and they will be sent to removal proceedings.

Anyway, everything you said in regards to the process is somewhat correct. Im honestly not sure how long the Officer will hold his nat case for but I dont think it matters. They typically look for 5 years of clean conduct (this is proving or demonstrating good moral character- not the same as CMT definition). So any probation would have to be over first and foremost- anyone on probation can not be found to have good moral character. Second they look at the last 5 yrs or so. If he has a DUI then he will most likely be denied for poor moral character and have to apply again when he has had a clean record for at least 5 years.

So if convicted July 2016 and given probation for 2 years probation will end 2018. Could apply then but shouldnt because 5 years is July 2021. Thats when they will have 5 years clean conduct. Some people even wait until 5 years after probation is complete but I think thats a bit excessive.

The best outcome - similar to Moe is to get the charge changed to something thats not 'poor moral character' for USCIS or be found innocent.

[Villanelle 4,122]

People have had their GC revoked for less than a DUI so I would definitely take the above comments with a healthy grain of salt.

Even if it's true that having a felony record will not get you deported (which I seriously doubt), every GC holder will have to renew their status eventually. Denial on the basis of moral turpitude is not unheard of and having a DUI record will definitely put you on shaky grounds when that time comes.

Good luck!

I can not even begin to correct what is wrong with this. Every situation is different. Immigration law is very complex. You can not simply rank offenses based on outrage or personal opinion.

Second - GC holders do NOT renew their status. They renew the card. The card is simply PROOF of status. Your status is yours once issued until revoked by a judge. If you choose not to renew your GC and still reside in the US you are still a perm resident, you just do not have any proof of such.

[vegasbound 83]

I can not even begin to correct what is wrong with this. Every situation is different. Immigration law is very complex. You can not simply rank offenses based on outrage or personal opinion.

Second - GC holders do NOT renew their status. They renew the card. The card is simply PROOF of status. Your status is yours once issued until revoked by a judge. If you choose not to renew your GC and still reside in the US you are still a perm resident, you just do not have any proof of such.

Haha.

GFY.

[Villanelle 4,122]

Vegas if you can not post civilly please refrain from posting at all. Thanks!

[vegasbound 83]

Vegas if you can not post civilly please refrain from posting at all. Thanks!

Simply said good for you. How is that not civil?

Maybe your mind is in the gutter. Geez.

[n400help 2]

One DUI would not deny your family member from Citizenship. Do get an experienced attorney though. They would not approve the citizenship until there is a pending criminal charge. Also they would not hold off the decision for a very long period (if the case is taking too long). Any attorney would ask you to simply re-apply after decision of case is made.

Secondly, do not take probation if the court tells you to (there should not be probation for first DUI. I don't know of any state that does that). It's better to pay fine and get done with the issue. Better would be if you are declared not guilty.

Source: I did the exact stupid thing! Got a DUI before my Oath. Worst thing ever!

[Harmonia 211]

Thanks for the feedback. He found a highly recommended RI criminal defense attorney whose firm handles many DUIs, and there's some good news. I live in MA, and in my state, refusing to take a breathalyzer is automatically "guilty" of DUI and its a criminal felony. In RI, its a civil infraction (like a traffic ticket is civil) not a criminal charge. The criminal charge is 1st offense DUI because he failed the sobriety test, but the attorney says it should be relatively straightforward to get that reduced to reckless driving or a lesser charge.

This just further emphasizes the need to check with a local attorney because the laws are different. MA and RI border one another but treat the same thing-refusing a breathalyzer-very differently. And immigration will base their decision off the local charge.

I told my family member to contact an immigration attorney next. It sounds like the DUI won't affect his ROC, but the naturalization may be put on hold pending the outcome of his court cases. He has 2 different court appearances, for the criminal DUI and the civil refusing a chemical test, both in Aug. I believe he's in line now for an interview for naturalization, so we'll see how that timing works out with the courts. I'll keep folks updated.

I shared this link with him, and its a big relief for him to read "you won't be deported". I said the same thing...and I know a DUI is very serious. He could have killed himself or someone else. Thankfully there were no aggravating factors, no kids in the car, no accident. He was leaving a bar in a city, driving quite slow (under 20 mph) because its a city, and the cop pulled him over for swerving lanes. He thinks he's ruined his life, and I'm glad he's getting some outside feedback that no, he won't get deported just for this.

One DUI would not deny your family member from Citizenship. Do get an experienced attorney though. They would not approve the citizenship until there is a pending criminal charge. Also they would not hold off the decision for a very long period (if the case is taking too long). Any attorney would ask you to simply re-apply after decision of case is made.

Secondly, do not take probation if the court tells you to (there should not be probation for first DUI. I don't know of any state that does that). It's better to pay fine and get done with the issue. Better would be if you are declared not guilty.

Source: I did the exact stupid thing! Got a DUI before my Oath. Worst thing ever!

Great feedback. Sorry to hear you had the same situation. Its a mistake but all you can do is move forward and learn from it, right?

Edited July 25, 2016 by Harmonia

[squareleg 69]

DUI is serious. It's a felony.

Try: applying July2021 or July2023.