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Thread: Criminal question on N-400

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    Criminal question on N-400

    Hi,

    I'm filling out the N-400 for my husband (finally)....I'm not sure how to answer questions on part 12, questions 23-26. For #23 I marked "yes" because he did get a DUI back in 2002. Therefore, I'm assuming #24 (ever been charged with committing a crime or offense) would also be "yes" since he pleaded guilty and paid all his fines and completed 3 year probation.

    Next question is on #26, ever received alternative sentencing or a rehab program, not sure how to answer this since he did have to complete some work project days as part of the DUI. I'm confused because N-400 instruction packet is says any program such as drug treatment or community service program). Does anyone know if I would I mark yes or no? to question #26?

    any help is greatly appreciated!

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    Well it sounds to me like you would answer a yes to #26 because he did have a alternative thing rather than go to jail,
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    thanks MC2000! I may need to look into this further.

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    My husband's application had a DWAI (like DUI, but for BA below .08) and had alcohol classes, community service and probation instead of jail. We answered yes to 23, 24, 25 and 26 and 27 and included the arrest records, court disposition and proof that he completed all the requirements and the probation. We also included some character reference letters. These came from our pastor, his boss, the organization where he volunteers, his sister who is a nun and her superior. Even your husband can show a clean record during the required period of GMC, the DUI still factors in, so best to balance it out with some evidence of good character.

    NOTE: we filed on form 09/13/13, so an earlier version than the form you are completing. I assume the question numbers still correspond to what I told you above, but best to double check.
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