Advice Needed

[nap405]

I need some advice for a friend. He has completed 5 years as a permanent residence and will be applying for citizenship via N-400 application. He has one crime on record which is a DWI in state of Oklahoma.

Details regarding the DWI:

My friend was charged with a DUI in Oklahoma on 03/16/2016.
In court because of the evidence presented, the State motioned to amend the DUI charge to DWI "for good cause shown." Friend pleaded guilty to DWI on 1/20/2-17 and only got a fine of $500. Fine was paid in full the same day. No probation or alcohol classes or breathalyzer in installed in car. Nothing other than the fine.

In Oklahoma these are two separate and distinct charges.

If your blood alcohol content (BAC) is shown to be .08% or higher, the charge will be driving under the influence (DUI) - Reckless driving while intoxicated
If your BAC is shown to be between .05% to .07%, the charge will be driving while impaired (DWI) - Operation of Motor Vehicle While Impaired


My question is, with this DWI on my friends record, does he have any chance of getting citizenship? (no traffic infractions, no other crimes, or points on driving record)
Should he hire a lawyer to help him? the facts regarding his case are pretty straight forward. How would a immigration lawyer help him (worth taking a lawyer to the interview with him)?

[Wales]

There is normally a statutory 5 year period after, especially for a DUI arrest, to show good moral character.

This definitely will need to be mentioned on the application because of the arrest and the fine being $500.00. He needs to get it expunged and have the final disposition documents included along with the app.

The problem he might encounter is that this arrest is pretty recent and might be denied on those grounds.

Have him consult with an immigration attorney before submitting the app and losing the $725.00 app fee.

[inadmissible]

Yes, he has a chance to obtain naturalization.

DWI/DUI itself is not a crime that automatically precludes a finding of good moral character. There is no way to find out, other than by applying for naturalization, if the adjudicating officer will find from the totality of his records that he can't establish good moral character. It is possible that the adjudicating officer will find a pattern of conduct that suggests your friend is a habitual drunk, or decide that because of his unlawful act he can't establish good moral character. The latter two are "conditional bars" that apply to conduct that occurred in the 3 or 5 years prior to filing his naturalization application and up to when he takes the Oath. So, if his naturalization application is denied on this basis, he loses nothing but the filing fee, and can apply again in a few years.

I don't think an attorney can do anything to improve the optics, the facts are the facts. He won't be providing any narrative to explain his conviction, he will just write down the details in the form (statute violated, date, location, outcome) and attach a certified court disposition

[nap405]

Wales and inadmissible thank you for your comments. We greatly appreciate your help. After consideration my friend has considered to just apply without seeking the help of a immigration lawyer. He called few lawyers and they wanted $300-500 to give him a consultation. One lawyer wanted $2000 and said he would help my friend fill out his n-400 and also come defend him in the interview with him. Is this really worth it? Can a lawyer change an officers mind?

My friend does not feel like he should waste additional money on a lawyer. He has the court certified deposition records so he is going to mail a copy of that with his n-400 form, and pray for the best. Worst case he has to wait a few more years.

Lastly, my friend answered the question in part 12 of the n-400 form as listed below. Do you think he has done so correctly?

N-400 Part 12 questions 22-29

22 NO (Have you ever committed ... a crime or offense for which you were not arrested?)
23 YES (Have you ever been arrested, cited, or detained by any law enforcement officer for any reason?)
24 YES (Have you ever been charged with committing ... a crime or offense?)
25 YES (Have you ever been convicted of a crime or offense?)
26 NO (Have you ever been placed in an alternative sentencing or rehabilitative program?)
---------------friend didn't get rehab, or alcohol classes, but his dui charge was dropped to a DWI. This would still be NO correct?
27 NO (Have you ever received a suspended sentence, been placed on probation, or been paroled?)
28 NO (Have you ever been in jail or prison?)

29) a) Why were you arrested, citied, detained, or charged? "DUI ALCOHOL IN VIOLATION OF 47 O.S. 11-902(A)(2)" or should he put "suspicion of DUI"
b) Date arrested, citied, detained, or charged? MM/DD/YYY
c) Where were you arrested, citied, detained, or charged? City, State, USA
d) Outcome or Disposition of the arrest, citation, detention, or charge? State amends to DWI 47 O.S. 761(A), for good cause shown. Guilty Plea DWI.


Thank you for all of your help.

[gar21233]

It doesn't matter

Please check this from the USCIS site is like old but I think is still valid.


"Question: What documentation is USCIS looking for on N-400 applications for clients who have traffic citations only (no arrests), such as speeding tickets? This is in reference to the Good Moral Character section, question 16, which asks if you have ever been arrested, cited, etc. Also, what is expected at the N-400 interview regarding these traffic tickets?

Response: Typically if an individual only has minor traffic citations with no arrests resulting (i.e. speeding tickets), they will not be required to submit any additional information with the N-400. However, if, during the course of the interview, an adjudications officer determines that there are circumstances that warrant further investigation, (e.g. there is an indication that the applicant has failed to pay fines associated with the citations), the officer may request additional documentation. (e.g. payment, certified police/court documents indicating such)."

[inadmissible]

Typically if an individual only has minor traffic citations with no arrests resulting (i.e. speeding tickets), they will not be required to submit any additional information with the N-400.

DUI/DWI is hardly a "minor traffic citation.. like a speeding ticket".

The USCIS Policy Manual states

An applicant is required to provide a certified court disposition for any arrest involving the following offenses and circumstances, regardless of whether the arrest resulted in a conviction:
•Arrest for criminal act committed during the statutory period

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter3.html

Since a citation in lieu of arrest counts as an arrest for immigration purposes, nap's friend will have to furnish a certified court disposition with his naturalization application, otherwise he'll get a RFE requesting it

[sri2018]

NRA marital status & Tax percentage

Hi, My recent paycheck started reflecting my marital status as Single. When enquired with HR, they say ADP doesn't have option to choose married for NRA's (Non residential Allen). And also they started deducting 36% tax on every pay check. Does anyone got any idea if this is true ? When enquired in my known friends circle they all say there is nothing like that. Please help. Thanks.

[inadmissible]

are you even a non-resident for US tax purposes?