QUESTION

Will my DUI affect my naturalization application?

Asked on Feb 15th, 2014 on Immigration - Maryland
More details to this question:
I am an elegible resident to apply for citizenship however I got a dui for which I was put on PBJ until june 2015, and had to pay a fine. If I send my application is it likely that it will be rejected given that I am still on probation.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Probation before judgment generally involves a guilty plea or plea of nolo contendere in my understanding which means that U.S.C.I.S. considers your DUI a conviction. There are two questions in your case – whether U.S.C.I.S. will consider your DUI such an offense as to keep you from having the requisite good moral character to naturalize, and what can be the result since you are on probation if you send in your application at this time. Generally speaking, a single DUI without more would not keep you from being naturalized. However, U.S.C.I.S. will not naturalize anyone who is still on probation. If you send in your application now, there is a likelihood that the agency would hold your case until the period of probation is over. Some immigration officers may also not wish to hold your case and deny it. It might be just as well to time your naturalization filing so that your probation period is over by the time that you are interviewed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 01st, 2014 at 10:14 AM

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