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For US Citizenship, do I need to have 'Good Moral Character' after the statutory period expires (5 years)?

Phoenix, AZ |

I have been arrested for Domestic Violence more than 5.5 years ago. The case was dismissed. I got denied 2 times and will be on interview for a 3rd time in 1 month.

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Attorney answers 5


Apparently your your past disappointments have not taught you yet; do you have an immigration attorney representing you?

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Yes. They can also look beyond the five years if something in your last five year record suggests they should. Talk to an immigration attorney.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


The fact that your domestic violence case was dismissed does not make it irrelevant to the "good moral character" decision. Given that you have been denied twice already, you should consult with an immigration attorney before attending your next interview. Good luck.

The answer above is general in nature and provided for informational purposes only. Specific and reliable answers will require a better understanding of all the facts and information about your case. You should consult with an attorney who can analyze the facts and law specific to your particular situation. Please be advised that the answer does not constitute legal advice and may not be viewed as establishing an attorney-client relationship of any kind.

Alexander Joseph Segal

Alexander Joseph Segal


Actually, great observation.

Jeffrey A Kilmark

Jeffrey A Kilmark


Thank you.


I agree with my colleagues. However, maybe the third time's the charm. Since you are now more than 5 years after the DV incident, I doubt it will count as heavily against you. I recommend consulting with an attorney.


I agree with my colleagues, and would only add that often denials of citizenship aren't solely based on the criminal act or charge, but on the applicant's failure to be forthcoming about the circumstances of that arrest.
I would recommend that you contact an immigration attorney near you, who can assist you in preparing not just your application, but also for your interview.

This answer is general in nature, and not intended as legal advice. You are advised to contact a qualified immigration attorney who can analyze the specific facts of your case, and who can give you accurate legal advice.

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