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I am green card holder can I apply for US citizenship and I have been charged with X. DUI

Tucson, AZ |

2 years agoo I have been charged with X. DUI (4.5) BAC can I apply for US citizenship I did everthing the court ordered and now I am making the fine payments.

Attorney Answers 2

Posted

Apply for citizenship only when you have finished making your fine payments and have completed your probation.

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Also, be sure to talk to an immigration attorney when you're preparing to file. You'll need to make sure to have the appropriate certified court dispositions, and some jurisdictions can be stricter than others with interpreting DUIs as evidence of poor moral character. The BAC you site seems VERY high--it's not uncommon for an officer to look at the arrest and the charging documents and question whether your crime was more serious than what you were actually convicted of. Since the good moral character determination is discretionary, and since you will be prevented from applying for citizenship for another 5 years if you're denied on that ground, you should be sure that you're prepared to discuss your rehabilitation process and show evidence that the DUI was a one-time mistake and not a habitual problem.

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