FACTS:
A client living in Texas became eligible for US Citizenship after 5 years of US Permanent Residency. She was concerned that her case might not be approved because she had a conviction for driving under the influence. Our office assured her that the law was on her side and that she could apply for citizenship.
After a lengthy wait, she was interviewed by the USCIS office in Dallas, Texas. Their office was extremely rude to our client (who elected to go alone to the interview) and the officer decided to DENY this case because of a single DUI conviction almost 3 years before the application for naturalization was filed. Our office advised the client to appeal (by filing a Form N-336, Request for Hearing on a Decision in Naturalization Proceedings.
THE LAW:
A person seeking naturalization must meet some basic requirements including:
- Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.
- Be a permanent resident (have a “Green Card”) for at least 5 years.
- Show that you have lived for at least 3 months in the state or USCIS district where you apply.
- Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400.
- Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
- Be able to read, write, and speak basic English.
- Have a basic understanding of U.S. history and government (civics).
- Be a person of good moral character.
- Demonstrate an attachment to the principles and ideals of the U.S. Constitution.
Courts have held that a single conviction for a simple DUI (or driving while intoxicated (DWI)), without any aggravating factors, should not result in a negative determination regarding Goof Moral Character. See, e.g., Rangel v. Barrows, No. 07 Civ. 279(RAS), 2008 WL 4441974, at *3 (E.D.Tex. Sept. 25, 2008) (“[A] single DWI conviction is insufficient to preclude an applicant from establishing good moral character.”).
THE RESULT:
Knowing the law and standing up for your right to become a US Citizen is essential. After filing an N-336, our client was granted a second interview with USCIS in Dallas. This time, we traveled to Texas and took the fight to them. After pointing out the law and making it clear our office was not backing down, USCIS approved the citizenship and granted the application!
DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.
