N400 - DUI - Am I Qualify for petty offense exception?

[Tom 2020 4]

🤗 VJ FAMILY 🤗,

 

Quick question regarding my DUI (only crime in my history). I'm in my  stationary period  and I have submitted my N400 application. 

Can I be qualify for petty offense  exception as I had DUI ?

If yes then how

and what I need to do for that?

then do I have to send any documents to immigrantion office for my N400 Application?

Im nervous about my N400 application. 

 

Thank you for your time. 

🤗

[igoyougoduke 1,641]

Answer is No. DUI is not petty offfense and the adjudicator will decide your case.

[Tom 2020 4]

1 minute ago, igoyougoduke said:

Answer is No. DUI is not petty offfense and the adjudicator will decide your case.

thank you but what do you mean by the adjudicator will decide your case?

[igoyougoduke 1,641]

5 minutes ago, Tom 2020 said:

thank you but what do you mean by the adjudicator will decide your case?

when they decide your case. some one at USCIS will decide whether they approve or not.  aka decision 

[Tom 2020 4]

are they going to approved? i had only one DUI and nothing else in my life no crime  and have all clean record.😐

[Fahad86 113]

You have to understand petty offense exception works for inadmissibility. There is still Good moral character requirement for the statutory period, which petty offense exception does not eliminate. Different lawyers say different things and some say DUI is not a crime involving moral turpitude so even an arrest for dui in statutory period you can still get citizenship so its a hit and miss depends on the interviewer. 

If i am giving advice to someone i would tell them to keep record clean in the statutory period.

Edited April 4, 2021 by Fahad86

[jrule 1]

 

According to Supreme court- DUI conviction is not lack of Good Moral Character(GMC), but for USCIS, if you have 2 or more dui convictions, you will have what they called conditional bar to GMC. In your case you only have one, just make sure you don't have another one, submit police report and disposition from court and also submit two or three letter of your good character from family and friends. On the interview date just explain what happened and disposition, you will be fine.

 

Conditional Bars to GMC for Acts Committed in Statutory Period

 

 

Certain Acts in Statutory Period

Although the INA provides a list of specific bars to good moral character,^[48] the INA also allows a finding that “for other reasons” a person lacks good moral character, even if none of the specific statutory bars applies.^[49] The following sections provide examples of acts that may lead to a finding that an applicant lacks GMC “for other reasons.”^[50]

1. Driving Under the Influence

The term “driving under the influence” (DUI) includes all state and federal impaired-driving offenses, including “driving while intoxicated,” “operating under the influence,” and other offenses that make it unlawful for a person to operate a motor vehicle while impaired. This term does not include lesser included offenses, such as negligent driving, that do not require proof of impairment. 

Evidence of two or more DUI convictions during the statutory period establishes a rebuttable presumption that an alien lacks GMC.^[51] The rebuttable presumption may be overcome^[52] if the applicant is able to provide “substantial relevant and credible contrary evidence” that he or she “had good moral character even during the period within which he [or she] committed the DUI offenses,” and that the “convictions were an aberration.”^[53] An alien’s efforts to reform or rehabilitate himself or herself after multiple DUI convictions do not in and of themselves demonstrate GMC during the period that includes the convictions. 

 

 

 

 

Disclaimer: The information provided does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on my response are for general informational purposes only.