Good moral character statutory period after DWI

IT75

Registered Users (C)
#1
Good afternoon,

I would appreciate any insight in the following situation. I was arrested for DWI in summer of 2010 and pled guilty to in summer of 2011. Therefore I now have 2 questions:

1. When are my 5 years of good moral character fulfilled: 5 years after arrest in 2010 (which would make it 2015) or is it 5 years after I pleaded guilty, paid fine and completed all DMV requirements (which would take it into 2016)?

2. Second question is more theoretical one: I understand that safest way to proceed is to wait out 5 years. But may be somebody has any insight, whether it makes sense at all to apply earlier. At this point its almost 2 years post conviction, three years post arrest. Total 12 years in the country. No ANY other problems with the law at all, always employed, family, completed graduate education in the US.

Is it complete toss of the coin with 50/50 chance? Or is it almost definite denial and just save my $700 for later.

If that helps, the case was simple DWI, $500 fine with 1 year conditional discharge, conditions based on completing DMV drunk driving program. Jurisdiction is NYC (if that is anyhow relevant for possible outcome of the interview).

Again, thanks everybody in advance for any help
 

Vorpal

Registered Users (C)
#2
A single DWI doesn't preclude one from demonstrating good moral character. If your record is otherwise clear, you can go ahead an apply when you become eligible.

Good afternoon,

I would appreciate any insight in the following situation. I was arrested for DWI in summer of 2010 and pled guilty to in summer of 2011. Therefore I now have 2 questions:

1. When are my 5 years of good moral character fulfilled: 5 years after arrest in 2010 (which would make it 2015) or is it 5 years after I pleaded guilty, paid fine and completed all DMV requirements (which would take it into 2016)?

2. Second question is more theoretical one: I understand that safest way to proceed is to wait out 5 years. But may be somebody has any insight, whether it makes sense at all to apply earlier. At this point its almost 2 years post conviction, three years post arrest. Total 12 years in the country. No ANY other problems with the law at all, always employed, family, completed graduate education in the US.

Is it complete toss of the coin with 50/50 chance? Or is it almost definite denial and just save my $700 for later.

If that helps, the case was simple DWI, $500 fine with 1 year conditional discharge, conditions based on completing DMV drunk driving program. Jurisdiction is NYC (if that is anyhow relevant for possible outcome of the interview).

Again, thanks everybody in advance for any help
 

IT75

Registered Users (C)
#3
When you are saying "when you become eligible", do you mean 5 years after DWI, or just based on residency requirements? I have the green card since 2001, so I am technically eligible since 2006 based on that.

I understand that single DWI doesn't disqualify me automatically, but in the reality it is a misdemeanor, which is frowned upon to and it looks like some people are denied and forced to wait 5 years to show good character. Hence the hesitance whether to risk $700+ or wait
 

WBH

Registered Users (C)
#4
Hence the hesitance whether to risk $700+ or wait
Only you can make a decision. You may want to know the odds of success
and its 95% confidence interval but I think it is impossible to collect sufficicicnet
data for that kinf of inference
 

Vorpal

Registered Users (C)
#5
When you are saying "when you become eligible", do you mean 5 years after DWI, or just based on residency requirements? I have the green card since 2001, so I am technically eligible since 2006 based on that.

I understand that single DWI doesn't disqualify me automatically, but in the reality it is a misdemeanor, which is frowned upon to and it looks like some people are denied and forced to wait 5 years to show good character. Hence the hesitance whether to risk $700+ or wait
You can apply based on residency requirements. You have a simply DWI that resulted in a fine, so it most likely won't be a problem in your case. I've been on this forum for over 5 years and have yet to see anyone get denied strictly on the basis of a simple DWI.

Of course, YMMV. A simple Google search shows a few reports of denials due to a DUI/DWI, but the applicants in question usually had more than one DWI or had some other contributing offense on this record.

http://www.hg.org/article.asp?id=20510
 

Jackolantern

Registered Users (C)
#6
If you want that DWI to fall outside the statutory period for good moral character, you must wait 5 years after the conviction, not 5 years after the arrest.

However, as Vorpal mentioned, it is possible to be approved with one DWI within the 5 year window, especially if there is no other offense on your record and you didn't compound the DWI by breaking other laws at the same time (e.g. running through a red light). But your chances are better if the DWI conviction is outside the statutory period.
 

WBH

Registered Users (C)
#7
If the IO is nasty, he can come up with many strange questions. For example, the applicant need to tell
teh story and say he dranks in a bar in NYC and then got pulled over in New Jersey and that is how
the DWI/DUI charges came. The IO can conclude the applicants committed actually two DUIs
and teh first one is in NYC and the applicants should answewr Yes to Question 15.
 

IT75

Registered Users (C)
#8
Thanks everybody.
This means another 3 years of waiting, than. I guess I will try and see what happens.
Last question: If my application is denied on grounds of moral character, will I have to wait another 5 years post denial again (like the statutory period will be reset), or I could still re-apply in 2016 (5 years post conviction)?
 

WBH

Registered Users (C)
#9
Thanks everybody.
This means another 3 years of waiting, than. I guess I will try and see what happens.
Last question: If my application is denied on grounds of moral character, will I have to wait another 5 years post denial again (like the statutory period will be reset), or I could still re-apply in 2016 (5 years post conviction)?
It should be just 2016 (5 years post conviction) UNLESS some thing bad behavior occurred in the application itself that USCIS

think is moral charcarter rleated.

So prtetty much the only risk you have if you apply now is the loss of the application fee and some time.
 
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