QUESTION
What happens if I have a DUI after my interview?
Asked on May 03rd, 2012 on Immigration - California
More details to this question:
Hello, my husband had his citizenship interview on oct 11 , 2011 he pass the test but he forgot to take marrage certificate with him so he did not get answer right away, he dropped it off at the office an hour later ,he still did not get his answer and it s already may 3 , 2012 and last week he was aressted for DUI his court is in may 24 , 2012 , so we don t know if he is convicted he, refused to blow, does this case might have impact on his naturalization application even if he is 8 months after interview, chicago il
7 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If he is convicted, it will affect his case.
Answered on May 21st, 2012 at 3:27 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Yes, it would most likely affect the Naturalization. *Criminal Evaluation* At this point, it is critical that you obtain the Criminal Evaluation by an Immigration Attorney. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the U.S.. My firm can prepare the necessary Criminal Evaluation which will document to you and the Criminal Attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings.
Answered on May 18th, 2012 at 1:34 PM
Rebecca T White
If he has not yet been sworn in as a US citizen, the open DUI charge will impact his application. He needs to discuss this both with his DUI attorney and his immigration attorney.
Answered on May 18th, 2012 at 11:47 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Yes, it does. He will be asked with his notice for his Oath if he has been arrested, etc. the DUI may cause a denial as many districts do not approve if you are on probation.
Answered on May 18th, 2012 at 11:40 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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An arrest alone should not hurt his case unless he is convicted of the DUI.
Answered on May 17th, 2012 at 5:03 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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The delay can be dealt with by scheduling an infopass appointment. As to your husband's DUI, I do not think it will affect his naturalization process. However, if you receive a ceremony notice today and on the back of the form, your husband has to state that he was arrested, the USCIS may delay the ceremony until the DUI matter is resolved. They would also want copy of the final disposition.
Answered on May 17th, 2012 at 4:21 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Yes if CIS discovers that conviction his N400 may be denied. CIS should make a decision within 4 months after the interview.
Answered on May 17th, 2012 at 3:04 PM