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Filed: Citizen (apr) Country: Poland
Timeline
Posted

Hey everyone.

I'm getting ready to put my paperwork together but I'm not sure how to deal with my criminal record.

I had DUI in 2007 when I was on J-1 visa. First I got Probation before judgment, quickly changed into conviction because I had to leave the country. I got green card in 2009 and i removed the condition in 2011. Is the DUI going to affect my naturalization application at all?

I also got 2 speedin tickets in last 6 months. They are paid off but one is showing up as a probation case. Is probation for speeding ticket considered a lack of good moral character?

Thanks for help.

Posted

I would definitely talk to an immigration lawyer , to someone who deals with cases like this every day, just to make sure what are your chances . But so far from what I've been reading it seems like you should be fine since its been 5 years since DUI. I don't think speeding tickets really matter ( if fine is less than $500) . But it just mine opinion and may not be right .

P.S. I've seen many ppl asking similar questions but not all of them at all let us know about the outcome of the case ..( were they denied or approved) . It sure would be so helpful if they did let us know .

Filed: Other Country: Russia
Timeline
Posted

I would definitely talk to an immigration lawyer , to someone who deals with cases like this every day, just to make sure what are your chances . But so far from what I've been reading it seems like you should be fine since its been 5 years since DUI. I don't think speeding tickets really matter ( if fine is less than $500) . But it just mine opinion and may not be right .

P.S. I've seen many ppl asking similar questions but not all of them at all let us know about the outcome of the case ..( were they denied or approved) . It sure would be so helpful if they did let us know .

I'm not so sure about this. They can definitely go outside of the 5 year statuatory period for moral character if there is still evidence that those factors exist.

QCjgyJZ.jpg

Filed: Other Country: Russia
Timeline
Posted

Hey everyone.

I'm getting ready to put my paperwork together but I'm not sure how to deal with my criminal record.

I had DUI in 2007 when I was on J-1 visa. First I got Probation before judgment, quickly changed into conviction because I had to leave the country. I got green card in 2009 and i removed the condition in 2011. Is the DUI going to affect my naturalization application at all?

I also got 2 speedin tickets in last 6 months. They are paid off but one is showing up as a probation case. Is probation for speeding ticket considered a lack of good moral character?

Thanks for help.

Current probation combined with previous DUI conviction can be a issue. How long is your probation? If you are not able to consult an attorney, I would suggest that you consider waiting until the probation period is over if possible.

QCjgyJZ.jpg

Filed: Citizen (apr) Country: Poland
Timeline
Posted

Current probation combined with previous DUI conviction can be a issue. How long is your probation? If you are not able to consult an attorney, I would suggest that you consider waiting until the probation period is over if possible.

Probation for a year I believe, which puts me another year behind. I read a lot of questions about DUI cases on different forums and it seemed like it shouldn't cause much problem. I guess I will have to contact someone, it's unfortunate bc it will cost me few hundreds dollars.

Filed: Other Country: Russia
Timeline
Posted

Probation for a year I believe, which puts me another year behind. I read a lot of questions about DUI cases on different forums and it seemed like it shouldn't cause much problem. I guess I will have to contact someone, it's unfortunate bc it will cost me few hundreds dollars.

The DUI wouldn't have been an issue, but the fact that you are now on probation will be.

Here's why (in summary):

§ Sec. 316.10 Good moral character.

(c.) Proof of good moral character in certain cases

(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.

So the first thing is that they cannot approve the N-400 while you are on probation. The second thing is that they may consider both the probation for speeding and the DUI together in determining moral character.

QCjgyJZ.jpg

 
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