Scruit said:
One of the Citizenship requirements is 'Good Moral Character' for 5 years.
Whether DUI is considered bad moral character is up to the DO. Consult with a local attorney who deals with your DO - he/she will know.
Section 101(f) of the Act and 8 CFR 316.10:
Link:
http://www.uscis.gov/lpbin/lpext.dl...plates&fn=document-frame.htm#slb-8cfrsec31610
"(b) Finding of a lack of good moral character.
(1) An applicant shall be found to lack good moral character, if the applicant has been:
(i) Convicted of murder at any time; or (Revised 9/24/93; 58 FR 49913)
(ii) Convicted of an aggravated felony as defined in Section 101(a)(43) of the Act on or after November 29, 1990. (Revised 9/24/93; 58 FR 49913)
(2) An applicant shall be found to lack good moral character if during the statutory period the applicant:
(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in Section 212(a)(2)(A)(ii)(II) of the Act;
(ii) Committed two or more offenses for which the applicant was convicted and the aggregate sentence actually imposed was five years or more, provided that, if the offense was committed outside the United States, it was not a purely political offense;
(iii) Violated any law of the United States, any State, or any foreign country relating to a controlled substance, provided that the violation was not a single offense for simple possession of 30 grams or less of marijuana;
(iv) Admits committing any criminal act covered by paragraphs (b)(2)(i), (ii), or (iii) of this section for which there was never a formal charge, indictment, arrest, or conviction, whether committed in the United States or any other country;
(v) Is or was confined to a penal institution for an aggregate of 180 days pursuant to a conviction or convictions (provided that such confinement was not outside the United States due to a conviction outside the United States for a purely political offense);
(vi) Has given false testimony to obtain any benefit from the Act, if the testimony was made under oath or affirmation and with an intent to obtain an immigration benefit; this prohibition applies regardless of whether the information provided in the false testimony was material, in the sense that if given truthfully it would have rendered ineligible for benefits either the applicant or the person on whose behalf the applicant sought the benefit;
(vii) Is or was involved in prostitution or commercialized vice as described in Section 212(a)(2)(D) of the Act;
(viii) Is or was involved in the smuggling of a person or persons into the United States as described in Section 212(a)(6)(E) of the Act;
(ix) Has practiced or is practicing polygamy;
(x) Committed two or more gambling offenses for which the applicant was convicted;
(xi) Earns his or her income principally from illegal gambling activities; or
(xii) Is or was a habitual drunkard.
(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(i) Willfully failed or refused to support dependents;
(ii) Had an extramarital affair which tended to destroy an existing marriage; or
(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).".
Also:
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
Sec. 212. [8 U.S.C. 1182]
(2) Criminal and related grounds:
http://www.uscis.gov/lpbin/lpext.dl...=templates&fn=document-frame.htm#slb-act212a2
Sorry, I might be wrong, but:
- I do not see any information that First offence DUI = lack of GMC (Good Moral Character);
- I do not see any info about "5 years" waiting period for the first(multiple) DUI offence(s).
However:
http://www.uscis.gov/lpbin/lpext.dl...d-14097?f=templates&fn=document-frame.htm&2.0
"(B) Been a Habitual Drunkard? 8 CFR 316.10(b)(2)(xii) and Interpretations 316.1(e) deal with the issue of good moral character where the applicant is an habitual drunkard. Chapter 73.6 of this manual also contains more information on this aspect of eligibility.
First, be sure to ask the question, and any follow-up questions needed to ensure that you have the applicant’s full response.
Examine any divorce decrees, as well as other documents submitted for information that would lead you to believe that the applicant was a habitual drunkard. Some divorce decrees will state that the cause of the divorce was the applicant’s alcoholism. You might also consider any termination from employment or unexplained periods of unemployment as a possible indication that the applicant was unable to work because he or she was an habitual drunkard.
The rap sheet may show arrests or convictions for public intoxication, or the motor vehicle bureau may report arrest for driving under the influence of alcohol/intoxication. Depending on the State in which the applicant resides, you may have to request this directly from the motor vehicle bureau.
".
So, for sure, it is up good lawer to prove, that your DUI is just a single episode, which does not show the lack of GMC.
