URGENT: Filing for N-400 with expunged DUI

[Mattt 1]

Hey guys, just like the title suggests.

I was in the process of filling up the N-400 online form yesterday when i came across all those questions about record this and conviction that.
From my understanding there is no cut and dry answer when it comes the ARD program as the USCIS website suggests
 

Quote

1. Statutory Definition of Conviction for Immigration Purposes

Most of the criminal offenses that preclude a finding of GMC require a conviction for the disqualifying offense or arrest. A “conviction” for immigration purposes means a formal judgment of guilt entered by the court. A conviction for immigration purposes also exists in cases where the adjudication of guilt is withheld if the following conditions are met:

A judge or jury has found the person guilty or the person entered a plea of guilty or nolo contendere[8] or has admitted sufficient facts to warrant a finding of guilt; and

The judge has ordered some form of punishment, penalty, or imposed a restraint on the person’s liberty.[9]

It is not always clear if the outcome of the arrest resulted in a conviction. Various states have provisions for diminishing the effects of a conviction. In some states, adjudication may be deferred upon a finding or confession of guilt. Some states have a pretrial diversion program whereby the case is removed from the normal criminal proceedings. This way the person may enter into a counseling or treatment program and potentially avoid criminal prosecution.

If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes.[10]

Quote

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2#footnote-10

 

Here's the timeline of my DUI.

Sept 2018 Arrested for suspicion of DUI ( no one was hurt (i just got pulled over) no damages or accidents or children in the car, BAC was .11)

Finished all the necessary stuff for ARD before even starting the program (lawyers recommendation)

Feb 2019 started ARD program
May 22nd 2019 First probation week Nov 14th 2019 Successfully discharged from probation (total of 5 months and 23 days administrative probation)

June-July license suspended for 30 days

Jan 2020 filed for expungment

Feb 2020 official expungment letter received.

 

Now while all this was going on in 2019 before i got my expungment. My i751 was pending and USCIS wanted an explanation for the DUI case as well as all the probation and court documents until that point. which i filed in August 2019 and then I got my conditions removed and Green Card in the mail in Oct 2019.

 

July 2020 got divorced

Dec 2021, I qualify for the N400 filing based on the 5 years (first green card was Dec 2016)

The thing that bugs me is the 5 years statutory period my DUI obviously falls into that time frame. (3 years and 1 month from the date of the first incident and today if i file right now)

I have no other problems with the law or anything, got a Stop sign violation and it was dismissed in court and the fine i paid was refunded to me.

 

I found some encouraging information on this N400 thread

So to the big question is; What are my chances if I file at this moment ?

 

[Mike E 11,745]

I would not file without consulting an experienced immigration attorney who is listed in your state’s bar and https://www.ailalawyer.com/ 

 

Your  lawyer can advise whether to file now, 5 years after the final disposition of the dui, or file at all. 

[Mattt 1]

52 minutes ago, Mike E said:

I would not file without consulting an experienced immigration attorney who is listed in your state’s bar and https://www.ailalawyer.com/ 

 

Your  lawyer can advise whether to file now, 5 years after the final disposition of the dui, or file at all. 

As much as I want to I can't afford one right now.
If I file now and get rejected because of the DUI thing, would that affect me filing again in another 5 years ? Would that look bad for the future that my application got denied (God forbid)?

[Mike E 11,745]

14 minutes ago, Mattt said:

As much as I want to I can't afford one right now.
If I file now and get rejected because of the DUI thing, would that affect me filing again in another 5 years ? Would that look bad for the future that my application got denied (God forbid)?

Then I suggest waiting until you can come up with say $300 for a one hour consultation. 
 

This isn’t DIY territory. Otherwise might disagree and feel free take their advice to do this with zero professional advice.  

[millefleur 5,047]

1 hour ago, Mattt said:

As much as I want to I can't afford one right now.

Look for pro bono lawyers if you can't afford one:

https://www.justice.gov/eoir/list-pro-bono-legal-service-providers

[arken 4,197]

Highly recommend not to file n400 before 5 years from the dui date and avoid any other types of traffic or general offense.

[Fahad86 113]

2 hours ago, Mattt said:

As much as I want to I can't afford one right now.
If I file now and get rejected because of the DUI thing, would that affect me filing again in another 5 years ? Would that look bad for the future that my application got denied (God forbid)?

Hello Thanks for the message.

 

Here is the thing, i would wait five years after completion of the probation. You should had not filed for expungement since now all the data is wiped out from the court, but i am hoping you do have CERTIFIED court dispostion before you filed for expungement.

There are conflicting theory when to file either the date of incident or when the probation was over. I always tell people you never know which interviewing officer you will get so it is always better to wait till the probation is over and count 5 years from the date when it was completed. 

If you get denied based on Good Moral character you will have no impact on future filing since you were purely denied of lack of goodmoral character. 

 

Make sure you have certified court disposition.Otherwise it will be a problem for you when you file. 

Edited December 27, 2021 by Fahad86

[Pinkrlion 2,724]

The five years is just a guideline.  They can go back as far as they want to determine GMC, especially since it was already discussed in your ROC.  Expunged records do not exist in immigration, make sure that you have a certified copy of the entire arrest, probation, license suspension, disposition because they are going to request it.  

[Fahad86 113]

1 hour ago, Pinkrlion said:

The five years is just a guideline.  They can go back as far as they want to determine GMC, especially since it was already discussed in your ROC.  Expunged records do not exist in immigration, make sure that you have a certified copy of the entire arrest, probation, license suspension, disposition because they are going to request it.  

They can go back further but if you are habitual offender of certain crime. For example if one person found guilty of DUI in 2011 and again he got caught in 2019 for the same offense it means you havent learn from the past and keep committing same mistakes. 

Same goes for the people who have 4 or 5 speeding tickets. Interviewer has every right to deny the application since the person is not learning from the mistakes and keeps repeating the same mistakes which is speeding. 

If only got one DUI normally interviewer does not look further the statutory period which is 5 years. 

All these scenarios are based on only got arrested once. Otherwise interviewer can go back more than 5 years statutory period.

[Mattt 1]

My gratitude to all for your feedback.
I'll look into a probono lawyer.
As far as the copies go, after the expungement you can't get anything from the court other than that there is nothing on your record. And all the dispositions and the originals, I submitted them to USCIS when they sent me the RFE for my RoC (i751). Would they still have them because they're the only people who do now! I I have copies but that's it. I mean they asked for originals and they go them.

[Fahad86 113]

41 minutes ago, Mattt said:

My gratitude to all for your feedback.
I'll look into a probono lawyer.
As far as the copies go, after the expungement you can't get anything from the court other than that there is nothing on your record. And all the dispositions and the originals, I submitted them to USCIS when they sent me the RFE for my RoC (i751). Would they still have them because they're the only people who do now! I I have copies but that's it. I mean they asked for originals and they go them.

what you can do is take copies to county clerk office specially the court disposition and get it certified from the court. Try to explain the situation you are in. Since it is there copy they might be able to certify the document. Do have the expungement letter from the court as well which will say no court record exist. Good luck

Edited December 28, 2021 by Fahad86

[Mattt 1]

16 minutes ago, Fahad86 said:

what you can do is take copies to county clerk office specially the court disposition and get it certified from the court. Try to explain the situation you are in. Since it is there copy they might be able to certify the document. Do have the expungement letter from the court as well which will say no court record exist. Good luck

You rock man. I'll go to the court clerk and see what happens! You never know until you try after all.

[Fahad86 113]

1 minute ago, Mattt said:

You rock man. I'll go to the court clerk and see what happens! You never know until you try after all.

Good luck man my best wishes to you. Hopefully they will be able to do something for you. Good luck

[Pinkrlion 2,724]

2 hours ago, Mattt said:

My gratitude to all for your feedback.
I'll look into a probono lawyer.
As far as the copies go, after the expungement you can't get anything from the court other than that there is nothing on your record. And all the dispositions and the originals, I submitted them to USCIS when they sent me the RFE for my RoC (i751). Would they still have them because they're the only people who do now! I I have copies but that's it. I mean they asked for originals and they go them.

You stated earlier that your probation and other portions of your case did not end until November 2019, which is after you submitted documents for ROC.  They can always ask.  When you file for citizenship, they look at your entire record all over again.  

[Mattt 1]

2 minutes ago, Pinkrlion said:

You stated earlier that your probation and other portions of your case did not end until November 2019, which is after you submitted documents for ROC.  They can always ask.  When you file for citizenship, they look at your entire record all over again.  

Yeah. When they sent me an RFE they specifically asked for proof that my probation was going well and I have achieved this and that progress at my ARD program which my PO wrote in a letter and I sent with the RFE.