Immigrant related Frequently Asked Questions
I was charged with driving
under the influence and pled guilty. I fined and did my community
service. Would it affect obtaining citizenship?
This sort of offense should not be a problem
in obtaining citizenship. However, for other sorts of offenses,
please consult the following to decide whether such offense
will cause a determination of lack of good moral character.
In order to obtain citizenship, you must be a person of Good
Moral Character for the five or three year (for spouses of
US citizens or lawful permanent residents) time period prior
to obtaining citizenship. The inquiry into moral character
is not limited to the time period stated above, but may be
inquired into beyond these time periods.
Classes of persons generally found to be lacking in good moral
character for the purposes of citizenship:
Persons who have been convicted of murder
Persons convicted of aggravated felonies
Habitual drunks
Those engaged in prostitution
Those engaged in smuggling aliens
Practicing polygamists
Those convicted of crimes of moral turpitude (other than a
purely political offense) or those who have admitted to such
crimes
Those who have been convicted of two or more offenses having
aggregated sentences of five years or more
Persons who have violated any laws relating to a controlled
substance (other than a violation concerning simple possession
of 30 grams or less of marijuana)
Persons who have given false testimony for the purposes of
obtaining any immigration benefits
Persons who have been confined as a result of a conviction
in a penal institution for an aggregate period of 180 days
or more
aggravated felons
Every male permanent resident alien between 18 and 26 years
of age who knowingly and willfully failed to register for
Selective Service (except all persons who may have violated
the Selective Service laws between 8/4/64 and 3/28/73, who
received a Presidential pardon)
An applicant who has been on probation, parole, or has received
a suspended sentence during all or part of the statutory period
is not precluded from establishing good moral character, but
the INS in determining moral character may consider such factors.
No applications will be approved until the probation, parole,
or suspended sentence is completed.
Where an applicant has a non-drug offense expunged, the conviction
is removed. If the conviction was a narcotics conviction,
the applicant is still considered convicted for these purposes.
Some District Counsels are now taking the position that in
light of the new definition of conviction in IIRAIRA, expungement
does not remove any conviction for immigration purposes.
INS rules also provide that a person will be found to be lacking
in good moral character, unless extenuating circumstances
are established if they:
Willfully failed or refused to support dependents OR
Committed unlawful acts that adversely reflect upon his or
her moral character, OR
Was convicted or imprisoned for such acts |