Can I apply for citizenship once my DUI probation is over. Or do I have to wait for 5 years?

Asked over 1 year ago - San Jose, CA

I had my first DUI in Dec, 2012. Probation is 3 years. I was planning on applying for citizenship this month (June, 2013). I have already filled out N-400, then to find out I can't apply since I'm still on probation. When can I actually apply? Some says once probation is over. Some says 5 years... I had a speeding ticket 10 years ago, and this DUI, other than that my record is clean. I attend church, and have good reputation among my friends and coworkers. Will that show enough good moral character. I haven’t see my parents in China for over 13 years now. I have been waiting to become a citizen therefore I can finally go back to visit them. Please help!

Thank you

Attorney answers (6)

  1. Christopher Irvin Simser

    Contributor Level 19

    14

    Lawyers agree

    Answered . I suggest you post this question in the Immigration Law section of Avvo.

    Best of luck to you.

  2. Majid Vasigh

    Pro

    Contributor Level 17

    13

    Lawyers agree

    2

    Answered . you need 5 years of good moral character before applying for naturalization.

  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . You should consult with a qualified immigration attorney.

  4. Kara Lien Roberts

    Contributor Level 13

    12

    Lawyers agree

    Answered . This would depend on the specific statute you were charged with/convicted under. Assuming your DUI was what is called a "simple" DUI, then you would be eligible to apply for citizenship after your probation has been completed (assuming you qualify in every other way). However, because Immigration frequently interprets simple DUIs incorrectly as a crime involving moral turpitude (and also considering it may be a crime involving moral turpitude depending on the specific statute that applies to your case), it is in your interest to at least consult with an attorney prior to applying for citizenship to get advice you can rely on and be certain it is safe for you to apply for citizenship. If money is an issue, contact a local area legal aid or similar non profit offering free/low fee immigration legal services. Larger communities/cities frequently have citizenship events where you can get free help with preparing your application and talk with an attorney about your case (such as AILA's Citizenship Day, but many organizations have additional events throughout the year).

  5. Helen Huyen Huynh

    Contributor Level 6

    7

    Lawyers agree

    1

    Answered . The 5 year saying is a time period that INS uses to determine your good moral character for N-400 applicants. Assuming that you have no other pending matters, you may submit your N-400 application after your 3 years probation from your DUI in 2012. It is then up to INS's discretion whether you have been rehabilitated. The more time that has passed, the better. Hope this helps.

  6. Charles William Franklin

    Contributor Level 14

    4

    Lawyers agree

    Answered . There are not enough facts here to properly answer your question. Contact a local attorney to see if you have a case.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Probation for DUI

DUI probation is intended to deter future drunk driving by establishing conditions that the offender must follow or face further punishment.

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