naeem11

Hey guys just a quick question my n-400 application has been "recommended for approval" however I was recently arrested for a DUI in the states before my naturalization interview, can they deny my application for this reason? Havent I already passed the FBI background check before they scheduled my interview? I didnt diclose the dui information since I have not be convicted and and fighting the case. Any information will be helpful, do you think I will receive my letter to attend oath cermony or will they know about my DUI even though I have gone to the interview and passed and got the N-652 recommending me for approval.

Thanks,
NS

Noorah101

I think you should have mentioned the DUI at the interview, too late for that now.

I think they will ask you again at the oath ceremony if you have any updates to your information, and that is when you should mention the DUI.

Whether it will affect your ability to naturalize, I don't know. You might want to consult an immigration attorney on this one. If it is something where you will need to show some time of good moral character, then you'll be looking at postponing naturalization for a while. But I don't know for sure if that's the case.

Definitely don't hide this when when they ask you at the oath ceremony.

Rene

naeem11

Thank You Noorah, I will mention it at the Oath ceremony. I cant belive there going to ask me again at the Oath ceremony.

Thanks,

fatbrit

I think you're between a rock and a hard place, not for getting the DUI but for failing to mention it at your interview. A consultation with an experienced immigration lawyer is in order pronto.

Rete

A previous version of the application aks if you have ever been cited. It does not ask if you have ever been found guilty. Even if found innocent, the fact that you have been cited means you have to report it on the application. Seek a consultation with an experienced immigration attorney.

ian-mstm

Immediately prior to the oath ceremony, you *will* be specifically asked if there have been *any* changes since the interview... and you must sign a form to that effect. You *must* disclose the arrest. You *should* have disclosed it at the interview and your conspicuous failure to do so may reflect quite poorly on your current situation. The officer could decide to delay your ceremony until such time as the incident is thoroughly investigated. Note that it isn't so much the DUI, but your failure to disclose that will tip the scales against you.


That approval was based on incomplete information... and it *will* come back to haunt you. Even though Mr. Spock, in the classic Star Trek episode "The Enterprise Incident" states, "it is not a lie to keep the truth to yourself"... your unspoken truth, your lie of omission, your failure to disclose is quite serious.

Ian

Noorah101

Why? There is usually some time between the interview and the oath ceremony (months, even) so it is standard procedure for them to ask if anything has changed since your interview date. Perhaps you traveled overseas during that time, just long enough to make you ineligible for naturalization. Perhaps you got arrested, which might change your eligibility for naturalization. Things happen.

But I agree with the others that you should seek legal advice on this one, since you attended the interview and did not disclose your DUI arrest.

Rene

Rete

Want to bet that he doesn't disclose anything to the USCIS at the time of the ceremony?

fatbrit

And there haven't been! His DUI was before the interview!

meauxna

ALL of your eligibility factors will be reverified at the ceremony.

Your travel, any arrests, your marital status if applying via marriage waiver.

naeem11

how will they know? they have already completed the background check...will they do another background check before the ceremony letter is sent or after the ceremony? Dame it I didn’t disclose because in the states you are innocent until proven guilty and I have not been proven guilty, heck I have paid a top notch lawyer over $7,000 to beat this DUI. Thanks for your feedback guys even though it scares the shit out of me

fatbrit

They probably won't unless it was splattered across the front page of the local newspaper and the USCIS officer actually read it on the day of your ceremony. Equally, the form you usually fills out asks specifically about the time since your interview, so you can tick the "nothing" box and you're perfectly safe there.

The problem is that when you signed the form in the interview, you were probably lying. And that could certainly come back to haunt you later down the road.

Fess up now and have a long delay or keep the lie and hope for the best? It's up to you. You need an immigration attorney to ask, not a DUI one.

Noorah101

Naturalization also works on an honor system, of sorts. You are supposed to have "good moral conduct" in order to be eligible to naturalize. If you never tell them, they might not know, but if they find out, it will count big time against your good moral conduct, and they can take away (or at least re-evaluate) your citizenship.

Yes, you are innocent until proven guilty. That doesn't mean you're not supposed to be honest with USCIS about any arrests, citations, or convictions.

If you tell them at the oath ceremony, I don't know what will happen for sure, but worst case scenario is they make you wait another few years before you can naturalize, to give you a chance to have good moral conduct again. You would still remain a PR in the meantime.

Rene

naeem11

so your saying that they will run another background check before my ceremony or after my ceremony to make sure I am still elgible? Is this correct?
Thanks,

naeem11

how can you be so sure that they will find out? They will only find out if the information was sent to the FBI by the local law enforment agency that arrested me...they only way they would find out is if they run my prints again right?
Thanks