QUESTION
Can my US Citizenship application be rejected for one DUI?
Asked on Dec 09th, 2012 on Immigration - Pennsylvania
More details to this question:
I had one DUI in 2010 in Pennsylvania in which I refused a chemical test. My DUI Lawyer says that this was not a conviction. I completed the ARD program, and the records have been expunged from the court. I have copies of all the documents that came from the court including case dismissal and records expungement order. Court says that they will not certify any copies as the originals have been destroyed, so I am planning to send the copies along with my application. 1. Can my US citizenship can be rejected based on this information ? 2. Do you think copies of documents are ok to send as I don't have any originals or certified docs? 3. Is it ok to apply within 5 years of this offense? 4. Is it ok to state in the application that I was not convicted? Looking for your advice.
2 ANSWERS
In short, yes.
I have seen cases where N-400 naturalization applications were denied because of a DUI or alcohol related offense, even if there was not what was considered a conviction under criminal law.
If the cases was dismissed, there may be less chance of it being an issue, but note that an expungement does not necessarily mean it is not seen as a conviction for immigration purposes.
In general, a naturalization applicant must show s/he meets the good moral character criteria for the last 5 years. Even w/o a conviction or a crime that is not considered a CIMT, an individual could be denied based on good moral character grounds.
You should have your matter reviewed by an experienced immigration attorney who can analyze:
1) Does this incident affect any removability ecesis?
2) Does this incident affect any admissibility issues?
3) Does the incident affect naturalization eligibility?
How each answer on the N-400 needs to be answered depends on the specific disposition of your case.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Dec 10th, 2012 at 6:53 PM
2 Awards
Citizenship is about good moral character, not necessarily about convictions. Generally speaking, any incident older than 5 years will not present a problem for citizenship so most people wait until five years have passed before applying. A DWI conviction, let alone a mere incident like you report, is not a statutory bar to showing good moral character. See 8 USC §1101(f); 8 CFR §316.10. However, such incidents can be considered under 8 CFR §316.10(b)(3)(iii) as other "unlawful acts that adversely reflect upon the applicant’s moral character." It won't hurt you to apply. You would want to include all the information about the incident in the application.
Answered on Dec 10th, 2012 at 11:46 AM