N-400 and DUI
Oct 18th 2009, 9:59 pm
#1
Just Joined
Thread Starter
Joined: Jan 2007
Posts: 13
N-400 and DUI
Hello Everybody,
I am applying my citizenship based on 5 years residency. I live in NJ and last year I was arrested for a DUI and was charged. My license was suspended for 3 months, went to 12 hours of IDRC and paid all court fines. There was no probation and also have the court disposition paper work. I will be applying for citizenship in a week and I request your assistance in answering the following questions from form N-400:
16) Have you ever been arrested, cited, or detained by any law enforcement officer (Including USCIS or former INS and military officers ) for any reason?
A) I answered YES.
17) Have you ever been charged with committing any crime or offense?
A) I am not sure but assuming this also YES.
18) Have you ever been convicted of a crime or offense?
A) This I am not sure.
Please let me know what are the right answers. Any guidance will be really appreciated. This forum has been a great help for me when I was going through my GC process.
I am applying my citizenship based on 5 years residency. I live in NJ and last year I was arrested for a DUI and was charged. My license was suspended for 3 months, went to 12 hours of IDRC and paid all court fines. There was no probation and also have the court disposition paper work. I will be applying for citizenship in a week and I request your assistance in answering the following questions from form N-400:
16) Have you ever been arrested, cited, or detained by any law enforcement officer (Including USCIS or former INS and military officers ) for any reason?
A) I answered YES.
17) Have you ever been charged with committing any crime or offense?
A) I am not sure but assuming this also YES.
18) Have you ever been convicted of a crime or offense?
A) This I am not sure.
Please let me know what are the right answers. Any guidance will be really appreciated. This forum has been a great help for me when I was going through my GC process.
Oct 18th 2009, 11:33 pm
#2
BE Forum Addict
Joined: Jun 2005
Posts: 1,131
Re: N-400 and DUI
Hello.
My opinion on this is, charged - YES, not sure about the one that says convicted tho. Good luck :-)
My opinion on this is, charged - YES, not sure about the one that says convicted tho. Good luck :-)
Oct 19th 2009, 12:14 am
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: N-400 and DUI
Hello Everybody,
I am applying my citizenship based on 5 years residency. I live in NJ and last year I was arrested for a DUI and was charged. My license was suspended for 3 months, went to 12 hours of IDRC and paid all court fines. There was no probation and also have the court disposition paper work. I will be applying for citizenship in a week and I request your assistance in answering the following questions from form N-400:
16) Have you ever been arrested, cited, or detained by any law enforcement officer (Including USCIS or former INS and military officers ) for any reason?
A) I answered YES.
17) Have you ever been charged with committing any crime or offense?
A) I am not sure but assuming this also YES.
18) Have you ever been convicted of a crime or offense?
A) This I am not sure.
Please let me know what are the right answers. Any guidance will be really appreciated. This forum has been a great help for me when I was going through my GC process.
I am applying my citizenship based on 5 years residency. I live in NJ and last year I was arrested for a DUI and was charged. My license was suspended for 3 months, went to 12 hours of IDRC and paid all court fines. There was no probation and also have the court disposition paper work. I will be applying for citizenship in a week and I request your assistance in answering the following questions from form N-400:
16) Have you ever been arrested, cited, or detained by any law enforcement officer (Including USCIS or former INS and military officers ) for any reason?
A) I answered YES.
17) Have you ever been charged with committing any crime or offense?
A) I am not sure but assuming this also YES.
18) Have you ever been convicted of a crime or offense?
A) This I am not sure.
Please let me know what are the right answers. Any guidance will be really appreciated. This forum has been a great help for me when I was going through my GC process.
Out of curiosity, why did you state to 18 "not sure?" You start off by saying you were convicted and then answer "not sure." Make sure that no probation was imposed.
BTW, make sure to get a certified copy of the court docket sheet on the DUI. You will need it later.
Addition -- I just googled NJ DWI law -- it seems that you were convicted of first time DUI with a BAC of over 0.8 but under 1.0. It seems that NJ does not have mandatory probation. Also, it seems that you are subject for a $1000 annual surcharge to DMV for the next three years.
You may want to consult with an Immigration Laweyer in NJ or perhaps NYC to find out the effect of the conviction.
Note: I may be a lawyer, but I am not your lawyer. On top of that, I am not a New Jersey law and know next to nothing about NJ law.
Last edited by Folinskyinla; Oct 19th 2009 at 12:26 am. Reason: addition re New Jersey law.
Oct 19th 2009, 1:40 pm
#4
Just Joined
Thread Starter
Joined: Jan 2007
Posts: 13
Re: N-400 and DUI
Hi:
Out of curiosity, why did you state to 18 "not sure?" You start off by saying you were convicted and then answer "not sure." Make sure that no probation was imposed.
BTW, make sure to get a certified copy of the court docket sheet on the DUI. You will need it later.
Addition -- I just googled NJ DWI law -- it seems that you were convicted of first time DUI with a BAC of over 0.8 but under 1.0. It seems that NJ does not have mandatory probation. Also, it seems that you are subject for a $1000 annual surcharge to DMV for the next three years.
You may want to consult with an Immigration Laweyer in NJ or perhaps NYC to find out the effect of the conviction.
Note: I may be a lawyer, but I am not your lawyer. On top of that, I am not a New Jersey law and know next to nothing about NJ law.
Out of curiosity, why did you state to 18 "not sure?" You start off by saying you were convicted and then answer "not sure." Make sure that no probation was imposed.
BTW, make sure to get a certified copy of the court docket sheet on the DUI. You will need it later.
Addition -- I just googled NJ DWI law -- it seems that you were convicted of first time DUI with a BAC of over 0.8 but under 1.0. It seems that NJ does not have mandatory probation. Also, it seems that you are subject for a $1000 annual surcharge to DMV for the next three years.
You may want to consult with an Immigration Laweyer in NJ or perhaps NYC to find out the effect of the conviction.
Note: I may be a lawyer, but I am not your lawyer. On top of that, I am not a New Jersey law and know next to nothing about NJ law.
Oct 19th 2009, 1:48 pm
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: N-400 and DUI
Thank You Mr.Folinskyinla for your response. You are right I am not under any prabation, my BAC was 0.09. I have the court disposition papers which I will be sending along with the paper work. The reason I have started numbering from 16 is the order in N-400 form. I am paying $1000/yr for 3 years to the NJ DMV. I will be answering all the 3 questions YES as it seems like I am convicted for the offense.
Do not forget to get that certified copy of the court docket sheet. You will need to produce it later. I would not be surprised if that is not part of the court paperwork in your possession at this time.
Oct 19th 2009, 3:07 pm
#6
Just Joined
Thread Starter
Joined: Jan 2007
Posts: 13
Re: N-400 and DUI
I am going to call court right away and ask for the paper work. As always you have been a great help, your experience and guidance really helps people like me who has no Idea about the complex immigration prcess.
