Naturalization interview while still on DUI Probation

[rad21 1]

Hi everyone,

I got some conflicting opinions about this and got confused. I am ashamed it should never happened but gotta deal with it right now somehow, I got DUI back on October 2014, case was closed on April 2015 and I got 3 years probation which ends on April 2018. I have sent n400 on April 30th under 3 year rule and I am waiting for interview date letter. Now some people saying I can pass interview and be naturalized even while still on probation while another are saying that it is not possible. Please if somebody can help me with that and give me some advices what can I do.

When I get interview date, go there, pass english and civics but they will say I can not be naturalized because of that what happens next? 

Please help and best wishes to everyone!

 

[geowrian 22,338]

A DUI does not automatically disqualify you from naturalization, but the circumstances surrounding it (were children or other people involved, was there a collision or damage, when was it, what was the exact charge, etc.) can be deemed to not meet the good moral character requirement and result in a denial. The burden is on the applicant to show that they qualify for the immigration benefit.

 

http://www.nolo.com/legal-encyclopedia/got-dui-can-i-file-form-n-400-us-citizenship.html

Edited August 9, 2017 by geowrian

[rad21 1]

Hi geowrian, 

Nothing like that it (no kids involved, no injuries and no accidents). I have checked already and my DUI case doesn't discualify me from citizenship at all. I am aking about situation when I am still on probation and have interview at that time. If they gonna dismiss me and tell me to reapply in a later date when my probation is over? 

I did not know about it earlier and sent papers so it is already in motion. Trying to find out what are my chances of passing while on probation against being sent home and asked to reapply in later date when probation is over. Please advise

Best regards!

[f f 725]

they by rules can not approve you while you are still on probation. however once it is over you are able to be approved if they deal the crime was not a violation of good moral character.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter2.html#S-D

 

D. Effect of Probation

 

An officer may not approve a naturalization application while the applicant is on probation, parole, or under a suspended sentence.

[Going through 5,671]

If you haven't completed your probation, it's no to naturalization approval, sorry.

If you HAVE completed your probation, it's preferable that you wait at least a few months before applying for the N400 because they will ask for proof of completing it, as well as the arrest record and the court disposition as well.

[f f 725]

I wonder if probation has to be completed before applying or before the interview since it is possible to delay the interview by asking for a different date or waiting to respond to rfe.

[Going through 5,671]

Just now, f f said:

I wonder if probation has to be completed before applying or before the interview since it is possible to delay the interview by asking for a different date or waiting to respond to rfe.

I suppose that IS possible, providing all the required paperwork would be obtained and in the OP's hand by the time the interview date rolled around.

However, it is better to wait at least few months since the arrest (even though it is not a CIMT) still falls under the statutory period.  

[geowrian 22,338]

Exactly as ff said. They cannot approve the application while the probation is in effect. That doesn't mean it must be denied either...they can choose to not make a decision until the end of probation.

 

Personally, I'm pretty doubtful they will do so. Since you're applying under the 3 year rule you've only been an LPR for a short period of time and had a recent DUI, which is a pretty significant offense caused by a poor decision. It's pretty difficult to meet the good moral character requirement shortly after a DUI...normally it's better to wait a bit first.

 

1 minute ago, f f said:

I wonder if probation has to be completed before applying or before the interview since it is possible to delay the interview by asking for a different date or waiting to respond to rfe.

You technically don't have to wait until probation is over to file. The law - INA 316.10(c)(1) - only states that they cannot approve the application while the probation is in effect. But in practice, showing GMC so soon after is a very uphill battle.

[Going through 5,671]

There may also be a significant delay in getting scheduled for the interview since your fingerprints will have had a "hit" when you did your biometrics....just FYI since you said you were waiting for the appointment letter.

[rad21 1]

since I am already "in a process of scheduling interview date" I can not back up or do anyting. I can try to use a lawyer to terminate probation earlier (before it ends on April 2018) and if that happens then I get a paper from court saying that it got terminated earlier taken with me to interview to show. If I get an interview letter earlier then I am guessing my only option is to ask to have it in a later date till a have probation done? 

[Going through 5,671]

7 minutes ago, rad21 said:

since I am already "in a process of scheduling interview date" I can not back up or do anyting. I can try to use a lawyer to terminate probation earlier (before it ends on April 2018) and if that happens then I get a paper from court saying that it got terminated earlier taken with me to interview to show. If I get an interview letter earlier then I am guessing my only option is to ask to have it in a later date till a have probation done? 

Whatever document you get from the court, just make sure it is court sealed and certified.  USCIS won't accept anything less.  Get 2 copies at least, 1 for your own records if you ever need it for any other purpose later on (like having to submit again if you end up re-applying for citizenship).

You will also need a copy of the arrest record from the police station that had jurisdiction over where you were residing at the time you were arrested.

 

As I and others have said, getting another interview soon after your probation is completed doesn't guarantee an approval either because the offense falls under the statutory period.  That's not to say you will be facing an immediate denial, either---really it's up to the discretion of the interviewer at that point.  He/she will also take into account if it's your first and only offence (either in the US or any other country), what the actual charge was, how long ago it happened, your other personal history as outlined on your application, etc.

Edited August 9, 2017 by Going through

[rad21 1]

yes I understand and agree with you. I have sent arrest report and all documents from court when I was removing conditions from green card as well as n400 package. I heard about cases when people were passing interviews and being naturalized even when on active probation so hopefully it all will work out. thanks!