Question

I just got a DUI, will it affect my citizen application?

Answer

Yes. Getting a DUI puts your citizenship application in serious trouble. Contact a DUI lawyer immediately.

Getting citizenship with a DUI

Applying for citizenship of a new country is a long and tedious process that requires the applicant to abstain from certain habits and behaviors while also adhering to strict immigration laws. Especially under the new Trump administration, employment ability and moral character are both examined prior to an applicant being granted citizenship. Unfortunately, receiving a DUI can wreak havoc on both of those standards, thereby preventing you from becoming a citizen.

What are the Citizenship Eligibility Requirements?

To receive naturalized U.S. citizenship, the hopeful applicant must show himself or herself approved by the American and/or state government. Being of acceptable moral character is of primary importance, especially in Rhode Island. This favorable attribute must be made obvious for at least five years prior to the application being submitted.

A DUI on your driving record may prevent you from becoming a naturalized citizen for many reasons. A U.S. Citizenship Immigration Services (USCIS) officer may outright deny your application if you were charged with a DUI, even if the charge is received after you submitted your application because it is seen as an indication of you lacking good moral character. In addition, a DUI can prevent you from finding gainful employment, thereby making your case even more undesirable. However, the decision to deny your citizenship is not always automatic.

What Can You Do About Getting a DUI as a Non-Citizen Applicant?

While having “good moral character” has no cut-and-dry definition, it is still contingent upon the discretion of the government. As a result, having a strike on your criminal record is often viewed as very undesirable because it shows that the applicant cannot measure up to the standards of the community. Hiring an experienced RI DUI lawyer from the Law Office of Daniel Griffin in Cranston may be a key component to your ultimate salvation.

A USCIS officer will look closely at the facts surrounding your DUI arrest. Questions will be asked, including but not limited to the following:

• How impaired were you at the time of the arrest?
• Was a breathalyzer and/or test of any kind used to determine the level of your impairment?
• Are you a habitual offender?
• Were there any circumstances, such as children in the car, that made the offense especially dangerous?
• Did anyone get hurt?
• Was there any damage to private or public property?

Since the facts of each case are different and thus deciding upon individually, a DUI on your record is not always indicative of an automatic denial of citizenship. Other factors, such as your involvement with your community, clergy, and employer are also taken into consideration by the USCIS office. However, you should NEVER omit a DUI charge from your N-400 application because it could make citizenship impossible to obtain regardless of the other factors listed here.

What Happens If a Non-Citizen Is Arrested for a DUI?

Sometimes, a criminal arrest can jeopardize your legal status as a hopeful US citizen, visa holder, or green card recipient. Consult with a Rhode Island DUI lawyer for more information and to get the help you need to successfully apply for and receive permanent citizenship.