Asked in Immigration Law for California

Q: I had a dui 4yrs ago. I been a permanent resident for 9 yrs and my green card will expire in December 2019.

Can I apply for citizenship? Or do I have to wait for 5 yrs after my dui. If I have to wait longer, do I have to renew green card and the apply for citizenship?

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1 Lawyer Answer

Kelli Y Allen

Answered
  • Immigration Law Lawyer
  • Charlotte, NC

A: You can apply but run the risk of being denied based on lack of good moral character because of the DUI conviction (assuming you were convicted/pleaded guilty). I advise waiting, not just 5 years from the incident date, but 5 years from the date you satisfied all conditions in the judgment. So it you were put on probation for a year, you would need to wait 5 years from the date you completed probation before submitting the naturalization application to be outside the 5-year GMC period.

Ms Grace I Gardiner agrees with this answer

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