Before entering a plea agreement you should consult with an immigration attorney regarding the effect that a plea of guilty or no contest will have on your immigration status. I our practice we have had this question arise and generally our clients have been told to postpone their application process until they have completed probation, at the very least, some attorneys recommend more time than just probation. Of course the law is constantly changing so an immigration attorney would be a better resource.
You need to,speak with an immigration attorney as to how this should be handled.
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
I would suggest talking with an immigration attorney as you may not be able to apply until your probation is done. Contact an immigration attorney before you resolve your case so your criminal attorney will know what he/she needs to try and accomplish. Good luck.
This is not intended as legal advice. No attorney / client relationship exists because of this response.
Probation is almost always 5 years for a DUI conviction and 3 years for a Wet Reckless Conviction in San Diego County. But that's only if you are convicted!
You should be directing this question to your current criminal attorney and/or an experienced immigration lawyer.
You can certainly apply, however if you are on probation, they will reject your application. You need to be off of probation to have a chance of getting your application through. However, talk to a defense attorney about terminating probation early and expunging your record. Contact an immigration attorney for more detail on applying for U.S. Citizenship with a prior criminal conviction.
You need to be off of probation in order to have your application granted. However, you do not need to wait for the entire 5 year (3 years is for "wet reckless") period. If you have completed all the terms of your probation (i.e. paid fines, attended classes, etc.), once you are over half way through your probationary period you should consult an attorney regarding terminating your probation. It is not that complicated a process and can be done for a reasonable rate.