N400 Eligibility

[GOODCITIZEN 0]

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?.

[Dashinka 24,481]

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

[powerpuff 6,685]

~~ Topic moved from Tourist visa forum to US citizenship discussion forum ~~

[GOODCITIZEN 0]

Thanks for the reply. The question is whether he has to show 3 years of good moral character or 5 yrs of good moral character.  The period of good moral character starts the day his probation ended (i assume). It is little bit confusing. 

 

[OldUser 6,612]

27 minutes ago, GOODCITIZEN said:

Thanks for the reply. The question is whether he has to show 3 years of good moral character or 5 yrs of good moral character.  The period of good moral character starts the day his probation ended (i assume). It is little bit confusing. 

 

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.

Edited May 3, 2023 by OldUser

[BugsBurger 15]

4 hours ago, Dashinka said:

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

USCIS policy manual doesn't require GC/PR to have been procured via marriage to be eligible for naturalization under the 3-year rule. One could have become a PR via E26 and be eligible for naturalization in 5 years, OR they could be married to a USC the day after they got their E26 PR and be eligible for naturalization under the 3-year rule. Point is, how one got their PR is immaterial to eligibility for Nats under the 3-year rule if they're married to a USC. OP's friend's gotcha is that their now USC spouse wouldn't have been a USC for at least 3 years if they naturalized in 2021, and in this case they'd be eligible in 2024 even under the 3-year rule. Please consult the policy manual and go over the Naturalization Eligibility Tool -- https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility-tool

[OldUser 6,612]

Thanks for input @BugsBurger

Regardless of whether OP applies under 3 or 5 year rule, the DUI probation was completed in 2022. And it still may be a problem for good moral character.

I think a lawyer should be consulted to understand if that's a problem, and if it is, whether 2 years of probation are "good" years or "bad" years for the purposes of good moral character.

Edited May 3, 2023 by OldUser

[Dashinka 24,481]

2 hours ago, BugsBurger said:

USCIS policy manual doesn't require GC/PR to have been procured via marriage to be eligible for naturalization under the 3-year rule. One could have become a PR via E26 and be eligible for naturalization in 5 years, OR they could be married to a USC the day after they got their E26 PR and be eligible for naturalization under the 3-year rule. Point is, how one got their PR is immaterial to eligibility for Nats under the 3-year rule if they're married to a USC. OP's friend's gotcha is that their now USC spouse wouldn't have been a USC for at least 3 years if they naturalized in 2021, and in this case they'd be eligible in 2024 even under the 3-year rule. Please consult the policy manual and go over the Naturalization Eligibility Tool -- https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility-tool

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.

[GOODCITIZEN 0]

Thanks for your reply. The question in hand is: Whether he can apply in 2025 (2022+3) showing 3 years of good moral character or does he has to wait until 2027 to show 5 years of good moral character? Certainly, he has to consult a lawyer during the application. The question is when he can apply.

[BugsBurger 15]

2 minutes ago, GOODCITIZEN said:

Thanks for your reply. The question in hand is: Whether he can apply in 2025 (2022+3) showing 3 years of good moral character or does he has to wait until 2027 to show 5 years of good moral character? Certainly, he has to consult a lawyer during the application. The question is when he can apply.

3-year rule has a 3 year lookback of "established good moral character" requirement.

[Dashinka 24,481]

15 minutes ago, BugsBurger said:

3-year rule has a 3 year lookback of "established good moral character" requirement.

The policy manual does not prohibit a look beyond the statutory period.

 

B. Conduct Outside of the Statutory Period

USCIS is not limited to reviewing the applicant's conduct only during the applicable GMC period. An applicant’s conduct prior to the GMC period may affect the applicant’s ability to establish GMC if the applicant’s present conduct does not reflect a reformation of character or the earlier conduct is relevant to the applicant’s present moral character.^[6]

In general, an officer must consider the totality of the circumstances and weigh all factors, favorable and unfavorable, when considering reformation of character in conjunction with GMC within the relevant period.^[7] The following factors may be relevant in assessing an applicant’s current moral character and reformation of character:

 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

[BugsBurger 15]

43 minutes ago, Dashinka said:

The policy manual does not prohibit a look beyond the statutory period.

 

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.

[GOODCITIZEN 0]

I agree with BugsBurger. The couples were married way before their green card. The wife got a green card (E27) based on the husband's (E26). Now the husband is trying to file as a married person to a US citizen because the wife is already a US citizen.

 

By the way, they had a paid consultation with an immigration lawyer and the lawyer told 5-year rule. But i agree with BugsBurger because the USCIS manual does not indicate the category. So as long as the wife is a citizen for 3 years, a husband is LPR for 3 years and the couples are in a marital union for at least 3 years they should be fine. I was surprised even immigration lawyers do not read the policy carefully.

Do you have suggestions about an immigration lawyer who is competent enough to give legal advice?

[BugsBurger 15]

1 minute ago, GOODCITIZEN said:

Do you have suggestions about an immigration lawyer who is competent enough to give legal advice?

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.

[OldUser 6,612]

@GOODCITIZEN The 3 year rule requires more paperwork and evidence for approval. Maybe the lawyer suggests the path of lowest resistance OR the lawyer wasn't aware of all circumstances e.g. marriage to US citizen.

 

How long has the wife been a US citizen for? She needed to be a citizen for at least 3 years, meaning marriage should have been longer than 3 years by then.

Edited May 3, 2023 by OldUser