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Immigration Issues/DUI and Good Moral Character in N-400



I got a DUI at 98. I was arrested that night and my license was suspended. After the court order, I paid a fine of $1200, did the community service and attended to an alcohol program.

When I applied for a green card in 99 I had to say yes to a similar question and to supply court papers.

I got my green card at 2001.

Now I am applying for my citizenship from California. Even tough DUI is off my record, I assume I still have to answer yes to question 16th in Good Moral Character section (Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?)

My questions:

1 - Is my assumption correct?

2 - Do I have to say YES to any other question in that section (15 - 21) because of the 16th?

3 - Do I need to provide the court papers regarding to the DUI case?

4 - Just because I said yes to a question in this section how likely can they deny my application even though I provide the backing papers and explanations.

I really appreciate your feedback on any of these questions.


You have to answer yes to the question.  I would suggest that you provide the court documents to show how the case was disposed.  The good news is that generally the USCIS while adjudicating citizenship applications look back only five years from the date of filing to judge moral character on misdemeanors.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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