Citizenship Interview Experience. HELP!

[Toney]

I had my interview today and Immigration Officer notified me he would not approve my application due to a Driving on Revoked (revocation due to a simple dui in 2005 and never took care of until after 2013 arrest) conviction back in 10/2013. I got married to my wife a US citizen in 2012. Officer stated I lacked Good Moral Conduct as the Driving on Revoked fell with within the 5 year probationary period. I passed everything else. From my understanding, you have to have been convicted of a crime of moral turpitude for you to show lack of Good Moral Conduct. He said any crime /offense committed within the 5 year probationary window disqualifies one from being Naturalized! Does driving on revoked constitute a crime of moral turpitude alongside fraud, murder, rape etc? Also, he stated that I would have to go through the whole entire process again (N-400) and pay another $800? to apply! Any one with any insight on this situation? I am considering setting up an Infopass appointment and consulting with another immigration officer. The officer didn't seem too knowledgeable on issues. Please help with ideas and suggestions. Thanks.

[inadmissible]

8 CFR PART 316 -- GENERAL REQUIREMENTS FOR NATURALIZATION § Sec. 316.10 Good moral character. (b) Finding of a lack of good moral character. (3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant: (iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of Sec.316.10(b)(1) or (2).

As a criminal alien, I assume you sought the benefit of counsel who should have pointed out that the adjudicating officer has the discretion to decide if your driving on a suspended/revoked drivers licence precludes a finding of good moral character

You can apply for naturalization again next year after your crime lapses from the 5 year GMC window. You could also file a motion to reconsider the adjudicating officers decision (instructions will accompany your written denial notice), but there is far less certainty in prevailing. You could do both; but if you are going it alone without an attorney, and you're cost sensitive, i'd focus on just the new application next year

[Toney]

But does driving on a revoked license constitute a crime of moral turpitude which is the basis for determining the Good Moral Conduct of an applicant? It's a misdemeanor.

[inadmissible]

driving on a revoked/suspended license is not a crime involving moral turpitude

driving on a revoked/suspended license can preclude a finding a good moral character

there are crimes other than crimes involving moral turpitude that can preclude a finding of good moral character

[pmf123]

If it is at the discretion of the officer, I would have thought an explanation such as "i had to go to work" or "i was picking up my sick kid/wife/etc." would have helped.

Did he ask you to explain it?

[Wales]

I had my interview today and Immigration Officer notified me he would not approve my application due to a Driving on Revoked (revocation due to a simple dui in 2005 and never took care of until after 2013 arrest) conviction back in 10/2013. I got married to my wife a US citizen in 2012. Officer stated I lacked Good Moral Conduct as the Driving on Revoked fell with within the 5 year probationary period. I passed everything else. From my understanding, you have to have been convicted of a crime of moral turpitude for you to show lack of Good Moral Conduct. He said any crime /offense committed within the 5 year probationary window disqualifies one from being Naturalized! Does driving on revoked constitute a crime of moral turpitude alongside fraud, murder, rape etc? Also, he stated that I would have to go through the whole entire process again (N-400) and pay another $800? to apply! Any one with any insight on this situation? I am considering setting up an Infopass appointment and consulting with another immigration officer. The officer didn't seem too knowledgeable on issues. Please help with ideas and suggestions. Thanks.

Please consult with an attorney. You might want to wait and just apply outside the 5 year probationary period, which is really soon for you in a couple months rather than fighting the decision and losing more money. Either way all best. Hopefully you will eventually get it. Patience.

[tnmoo]

Unfortunately, USCIS officers have a wide discretionary powers so in arguing about definitions and your interpretation or asking for other's opinion is kinda useless unless there are precedents where someone else driving on revoked license (and arrested) were granted citizenship. The revocation was based on a DUI no less. There is no such thing as a 'simple DUI'... to you it's 'simple'... and i assume you were lucky that you didn't kill someone in the process.

Edit: Addendum... there's hope for you after all... see below where the person became a US Citizen this year... that person also had a DUI.

https://www.immihelp.com/forum/showthread.php/230116-My-Story-Hope