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GOODCITIZEN

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  1. Confused
    PaulaCJohnny
    GOODCITIZEN got a reaction from PaulaCJohnny in N400 Eligibility   
    My friend got a green card in 2015 through the EB2-NIW (E26) category. His wife also got a green card (E27) in 2015 as his spouse. Both became eligible for citizenship in 2020. His wife applied for citizenship and got citizenship in 2021. However, the friend was arrested in 2020 for DUI and convicted in 2021, and finished probation in 2022. Can my friend apply for citizenship in 2025 as a spouse of a US citizen and show 3 years of good moral character? Or he has to wait until 2027 to show five years of good moral character?.
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    GOODCITIZEN
    GOODCITIZEN reacted to BugsBurger in N400 Eligibility   
    John Q. Khosravi https://www.jqklaw.com/

    Man's an academic, and a practicing immigration attorney. Nice person, with a strong understanding of the law.
  3. Thanks
    GOODCITIZEN
    GOODCITIZEN reacted to BugsBurger in N400 Eligibility   
    Yes, and the same is true under the 5-year rule, too. Suggestion was merely that if the OP is eager to apply sooner, they can under the 3-year rule. Of course, there are grievous offenses that would outright disqualify the petitioner, and may even yank their PR status, or a frequent pattern of immoral behavior, even if resulting charges are dismissed, etc., that would result in a denial.
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    GOODCITIZEN
    GOODCITIZEN reacted to BugsBurger in N400 Eligibility   
    3-year rule has a 3 year lookback of "established good moral character" requirement.
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    GOODCITIZEN
    GOODCITIZEN reacted to Dashinka in N400 Eligibility   
    Thanks for the clarification, but kind of a moot point considering the person in question has had their GC for eight years plus.  The question at hand seems to be how many years an LPR has to show good moral character after a DUI conviction.  As I mentioned, this is probably best answered through a consultation with an immigration attorney well versed in dealing with this sort of thing.
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    GOODCITIZEN
    GOODCITIZEN reacted to OldUser in N400 Eligibility   
    Of course 5 years, since he's applying under 5 year rule. Yes, 5 years from the day probation ended. But confirm with a lawyer.
  7. Thanks
    GOODCITIZEN
    GOODCITIZEN reacted to Dashinka in N400 Eligibility   
    Since he did not get his GC via marriage to a USC I don't believe the 3 year rule applies in any way and since he has had his GC for about 8 years now it is irrelevant.  He could apply anytime, but I would be consulting a competent immigration attorney first.
     
    Good Luck!
     
    https://www.alllaw.com/articles/nolo/us-immigration/applying-citizenship-dui-your-record.html
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