Duration Required to Demonstrate Good Moral Character

[GiddenzDe 0]

Hello all,

I have what seems like a simple question, to which I've been getting conflicting information, even from an immigration attorney.

I understand that in typical situations one must demonstrate good moral character for a period of 5 years prior to their application for citizenship. In cases where the application is based on marriage, and you can apply after 3 years, is the period to demonstrate good moral character also reduced to 3 years?

More specifically, if a citizenship application was denied based on an incident related to good moral character, would the applicant - if married to a U.S. citizen - be eligible to apply again after 3 years from the incident? Or at that point would the applicant need to wait the 5 years typical to other citizenship applications re-apply?

Thanks for your help.

[Penguin_ie 6,002]

Depending on the exact reason for denial, they may never be able to get citizenship.

[NickD 203]

Wow, first major check was during our AOS stage, then again during the ROC stage, then again during the citizen stage. Without the first two, would never get to the US citizen stage.

If someone was naughty between these stages, have to report it, even have to report it between the citizen stage and the oath ceremony stage. The consequences depend on the offense. If you don't and get caught, can expect to be deported, if for no other reason, lying on your application.

Something to think about before being naughty. Do not believe time makes any difference, starts from the time you were born. How about having to prove to the USCIS, my stepdaughter was not accused of assault and battery charges when she was 18 months old?

[BigDaddy28 228]

Wow, first major check was during our AOS stage, then again during the ROC stage, then again during the citizen stage. Without the first two, would never get to the US citizen stage.

If someone was naughty between these stages, have to report it, even have to report it between the citizen stage and the oath ceremony stage. The consequences depend on the offense. If you don't and get caught, can expect to be deported, if for no other reason, lying on your application.

Something to think about before being naughty. Do not believe time makes any difference, starts from the time you were born. How about having to prove to the USCIS, my stepdaughter was not accused of assault and battery charges when she was 18 months old?

Nick D did thatd really happen? I hope you joking

[GiddenzDe 0]

To clarify, no citizenship application has been submitted yet. Applicant holds permanent residency and has been in the U.S. for nearly 5 years.

The incident in question was an arrest and subsequent dismissal of charges in court, but the dismissal order specified the case was dropped conditional on four one-hour counseling sessions. Immigration attorneys I've discussed the case with are 100% confident that the incident can not lead to deportation, and the worst-case scenario is initial denial of the citizenship application and needing to re-apply after the statutory period for "good moral character" has passed.

The question is whether the statutory period for "good moral character" in this case is 5 years or 3 years. Immigration attorneys seemed to have mixed opinions on this.

Obviously all this information would be disclosed on the citizenship application; nothing is being concealed.

[BigDaddy28 228]

If all charges were dropped by the city then you don't have to worry about anything. You will have to check yes for the arrest question and you have to send a copy of the dismissal order and take it with you to the interview. You don't have to wait fOr a period of time. Just apply and you will be approved. Good luck.

[GiddenzDe 0]

Thank you everyone and Silkafi88 will see what will happen