Application got declined based on DUI

[sergan]

Hi, i'm having major problem here. I was pulled over for drunk driving in may of 2005, and was found guilty on november 2006. I did not face jail time or anything, 15 days home arrest and about 2400 fine, i did not get driving license suspended, and i'm on probation for two years.

January of 07 i applied for citizenship, passed the test but got hold up documents, officer required additional court papers which i turned in next day, then i was suppose to wait 60 to 90 days for decision. Well i received answer yesterday in the mail, my application got declined over my moral turpitude. I never had any problems with law except that, i do also remember and i have print out of all things that involve moral turpitude kinda stuff, and it clearly says that drunk driving will not affect my good morale character. Right now i dont freaking know what to do, i sure going to require legal help, but i need your guys help so i could put myself together, point me out if i'm wrong, any kinda help is greatly appreciated. Thank you and God Bless You all.

I just found that thing, its right here, 40.21 (a) N2.3-2 section B. yes i'm not perfect in english, correct me if i read what i want to read and not what it is. Thanks everyone.

[ramzi1978]

normally, there must be a reason

are you sure you never gave a false statememnt? and then you changed your statement(during the drunk driving or in a different instance or during the interview (fraudulent intent))

may be it's not the drunk driving, may be you missed something.
could you have ever committed fraud? (knowingly or unknowingly)

this is not legal advise.

[sergan]

No, this is what they said :

Reason : Poor Moral Character

Explanation: You said on interview that you got busted for DUI. Since you are still on probation yor case is still open in the court. Lets wait untul your probation is over. Since you are on probation your application is not approvable.

If i got it all right i better get legal help and apeal, or scheduled a hearing on a descision with district officer.

[sergan]

Anyone?

[knowledgeable]

Options

There may be a few options in your case. Poor "moral attitude" is difficult to estimate.

You can approach your state's senator and show letters/documentation that will show other than your one time DUI issue, you have had a great character, held a proper job for a long time etc.

Your state's senator's office will play a very important role in this issue, they have the powers to do a lot of things and the political leaders do want more votes, so they're sure to help you out or at least advice you.

Your employer's letters etc. along with long term financial institutions statements like bank, stocks etc. Just anything and everything that will show you're a good person, stable, and have the potential to remain good.


Of course, get yourself a very good top of the line lawyer, even if you end up paying quite a bit, because this will be your last chance.

Nope, I'm not a lawyer or related to any. Just a person with information helping you out.

Good luck.

[chssrk]

I think you are ok

I am not an attorney. My understanding is that since you are on probation now your application got rejected. Once you complete the probation and reapply ( with the help of an attorney) you should be through.

[sergan]

So all i found above there, what it dont count?

[shie0023]

Sergan:

First, I want to state that I am not a lawyer. Secondly, I want to share with you that your N400 application was denied because the fact that you're still on probation for your DUI and that you were convicted of a crime in the last 5 years. Under the Code of Federal Regulations (CFR), anyone under probation is not considered a "good moral character".

You have to wait until your DUI probationary period is over which is sometime in 2008 because you were convicted in 2006 then you can apply. BUT! Further, a good moral character is based off the last 5 years before your application which means, since you were convicted in 2006, you best chances to apply for Naturalization will be in 2011 (if you don't commit more crimes within that time).

Get it?

1) must have 5 years of crime free (2006 + 5 years = 2011)
2) must wait until your DUI probationar period is over = 2008

When do you apply, answer is 2011!

There, no lawyer needed. You can hire lawyers, but they'll just charge you $3000 to tell you the same **** that I just told you. You're welcome.

[nearmsp]

I agree with Shei, 2011 is the earliest. DUI is looked at very seriously by USCIS as moral turpitude. Also remember that the USCIS officer has high discretion in this area and it is very expensive to litigate unless you want to do Pro Se (yourself).

Sergan:

First, I want to state that I am not a lawyer. Secondly, I want to share with you that your N400 application was denied because the fact that you're still on probation for your DUI and that you were convicted of a crime in the last 5 years. Under the Code of Federal Regulations (CFR), anyone under probation is not considered a "good moral character".

You have to wait until your DUI probationary period is over which is sometime in 2008 because you were convicted in 2006 then you can apply. BUT! Further, a good moral character is based off the last 5 years before your application which means, since you were convicted in 2006, you best chances to apply for Naturalization will be in 2011 (if you don't commit more crimes within that time).

Get it?

1) must have 5 years of crime free (2006 + 5 years = 2011)
2) must wait until your DUI probationar period is over = 2008

When do you apply, answer is 2011!

There, no lawyer needed. You can hire lawyers, but they'll just charge you $3000 to tell you the same **** that I just told you. You're welcome.