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Can you apply for Citizenship if you have a DUII on your record?

Writer: Bennett & HarkerBennett & Harker

Having one DUII, DWI, or other alcohol related traffic charge on your record does not necessarily make you ineligible to apply for U.S. Citizenship. However, it make raise some additional questions with the immigration officer who reviews your application.


In general, all applicants for U.S. Citizenship must show that they were a person of “good moral character” for the five years preceding their application. Having an alcohol related offense on your record doesn’t automatically mean that you were not a person of good moral character during that time period, but it will likely raise suspicion with the immigration officer who reviews your case and conducts your citizenship interview. The officer will look at things like how intoxicated you were, the facts surrounding the arrest, like whether there were children in the vehicle, and the extent to which you resisted or cooperated with law enforcement. The officer will also look at any other evidence of good moral character you provide, like volunteer work, steady employment, and dedication to your family in the U.S.


Ultimately, the immigration officer who handles your case will decide whether you’ve shown good moral character, despite having an alcohol related traffic offense on your record within the last five years. If you believe you’re eligible to apply for U.S. citizenship, but also have a DUII, DWI, or other alcohol related traffic offense on your record, please contact us and we can help you assess the strengths and weaknesses of your case.

 
 
 

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