I moved to the states in 2011,
I got a a dui 23 dec 2011 and on dec 23 2013 I got another dui which i got a pleagargain to reckless driving.
I know i am not yet eligible to apply for citizenship.
My question is what are my chances of applying, I am gonna get denied?
I there are one who had success with 2 misdemeanor?
I working really hard to stay away from every legal problem, plz i need someone to answer my question not criticize my
mistake. I have been through alot i am a nursing student i dont even know if i am gonna get a license when i am done or get a job, now I HAVE TO WORRY ABOUT CITIZENSHIP. I know my actions where wrong don't judge me.
The short answer is: you are best advised to wait at least 5 years since the date of the conviction for the 2-nd incident (the one where you got the charge reduced to reckless driving) before applying for naturalization.
You must also make sure that if there was any probation imposed as the result of that conviction, that such probation be terminated or served out by the time you file N-400.
Here is a long answer:
You are required to demonstrate "good moral character" during the 5-year period prior to filing N-400 (or during the 3-year period if your are filing N-400 based on marriage to a U.S. citizen). The period for which you are required to show good moral character is called the "statutory period".
There are certain crimes, particularly crimes involving "moral turpitude" such that conviction for those crimes during the statutory period automatically precludes the finding of good moral character during that period. Luckily for you, DUI and reckless driving are not considered by the USCIS to be crimes involving moral turpitude.
However, there is another provision in the law which gives the IO adjudicating your N-400 application the discretion to take the other crimes (such as DUI and reckless driving, for example) into account when making a good moral character determination.
See 8CFR§ Sec. 316.10(b)(3)(iii):
http://www.uscis.gov/iframe/ilink/d...-0-1/0-0-0-11261/0-0-0-30960/0-0-0-31086.html
"(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
.....
(iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of Sec.316.10(b)(1) or (2)."
So it is basically up to the discretion of the IO as to how seriously to take your DUI and reckless driving convictions if you apply less than 5 years after the latter. The fact that you had two, and not just one, misdemeanor convictions, makes it more likely that the IO will view them negatively because the second conviction can be viewed as evidence of failure to "reform character".
Here is a sample opinion of an immigration lawyer on such things:
http://www.immig-chicago.com/clientuploads/pdf/DUIen.pdf
So at the end of the day, it is up to you.
In principle, you can try your luck and file N-400 as soon as you have satisfied the continuous residency, physical presence and other relevant requirements, which, for non-marriage based N-400 cases, usually means 5 years after becoming an LPR.
But I think that you would be better off waiting at least 5 years (or at least 3 years if your N-400 is marriage-based) after the reckless driving conviction before applying for naturalization.
