DUI/DWI and Citizenship

G

gcuser1

Registered Users (C)
Hello,
I have posted this in other thread but wanted to post here since this thread is more active than other one.
I got my GC in Feb 2005. I got a misdemeanor DUI right after the GC i.e in Mar 2005. I have paid fines, community service and completed 3 year Probation(in Sep 2008).
Question is, Can I apply for the Citizenship? How do they look the 5 year period for the good Moral Character? Is it from date of arrest or from the end date of Probation?

Thanks in advance.

GCUSER
 
gcuser1 said:
Hello,
I have posted this in other thread but wanted to post here since this thread is more active than other one.
I got my GC in Feb 2005. I got a misdemeanor DUI right after the GC i.e in Mar 2005. I have paid fines, community service and completed 3 year Probation(in Sep 2008).
Question is, Can I apply for the Citizenship? How do they look the 5 year period for the good Moral Character? Is it from date of arrest or from the end date of Probation?

Thanks in advance.

GCUSER
Click to expand...



You are going to have problems if you apply now.
 
gcuser1 said:
Hello,
I have posted this in other thread but wanted to post here since this thread is more active than other one.
I got my GC in Feb 2005. I got a misdemeanor DUI right after the GC i.e in Mar 2005. I have paid fines, community service and completed 3 year Probation(in Sep 2008).
Question is, Can I apply for the Citizenship? How do they look the 5 year period for the good Moral Character? Is it from date of arrest or from the end date of Probation?

Thanks in advance.

GCUSER
Click to expand...

It is reported that some DOs approved applicants with one single DUI convcition in past 5 years and others do not but within the same DOs
decision is very consisitent. So I guess a single DUI record in the
past 5 years is subject to the local DO's excretional power. Many DOs
have internal implcit decision made by the supervisor or IOs can influence each other when they discuss among themselves so that
within teh same DO consistency will natually be established
 
Last edited by a moderator:
Vorpal said:
You mean "discretional" power, right? Excretional means something entirely different. ;)
Click to expand...

Thank you very much. I blamed USCIS for my error because they do not putting the word "discretional" on the writing vocabulary of USCIS English test.
 
Just an Update:
I spoke to an Immigration Attorney. She mentioned that they look 5 years from the date of the Incident. I was arrested in Mar 05 so she is suggesting to wait until end of March 10 for the 5 year period. I will keep posted further updates who might benifit if anybody in the same situation as mine.

Thanks again for the replies.
 
gcuser1 said:
Just an Update:
I spoke to an Immigration Attorney. She mentioned that they look 5 years from the date of the Incident. I was arrested in Mar 05 so she is suggesting to wait until end of March 10 for the 5 year period. I will keep posted further updates who might benifit if anybody in the same situation as mine.

Thanks again for the replies.
Click to expand...

Does 90-day rule apply to statutory period?
 
gcuser1 said:
Just an Update:
I spoke to an Immigration Attorney. She mentioned that they look 5 years from the date of the Incident. I was arrested in Mar 05 so she is suggesting to wait until end of March 10 for the 5 year period. I will keep posted further updates who might benifit if anybody in the same situation as mine.

Thanks again for the replies.
Click to expand...

There are also comments that suggest 5 years is not just from the date of incident but the date of conviction/dismissal, the date of last day of sentenced/served or suspended), teh date of last day of probation etc . which ever is most recent.
 
You must log in or register to reply here.
Top