DUI and immigration (naturalization/citizenship) - good moral character 5yr period after arrest or conviction?

Asked over 1 year ago - Greenville, SC

Hi - I would like to apply for citizenship. I got a DUI arrest three years ago (1st arrest ever, no one was hurt). I have not had any legal issues since then.

My case took three years to be processed due to issues at the local court (they can't afford to pay a full-time prosecutor due to budget issues). I was convicted.

My question is: the five years of good moral character start counting after the arrest or the conviction?

Thanks!

Attorney answers (4)

  1. Irene Vaisman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Good moral character for Naturalization counts 5 years from the conviction or from when probation is over if placed on probation.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a... more
  2. Carlos Andres Lopez

    Contributor Level 14

    5

    Lawyers agree

    Answered . A DUI does not mean that you have a lack of good moral character. I would advise you to consult with an attorney in preparing and filing a naturalization application. So long as it has been adjudicated, you are not on probation at this time, and you do not have a drinking problem, then you should be able to naturalize. Best.

  3. Alexus Paul Sham

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . A DUI conviction in of itself is evidence of not having good moral character. It is best to consult an attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  4. Christopher Irvin Simser

    Contributor Level 19

    3

    Lawyers agree

    Answered . From conviction.

    DUI/DWI is normally considered a crime of "moral turpitude." As my colleagues suggest, it is best to consult with an Immigration Law attorney who you can familiarize with the unique facts of your case. He or she can advise you on how to proceed.

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