Legal Question in Immigration Law in Washington

I applied for naturalization on April of 2007. On May of 2008 I was convicted of DUI. I entered deferred prosecution which puts me on probably for five years and consist of two years of alcohol treatment and an additional three years of monitoring. USCIS denied my naturalization application based on the ground of my probation. USCIS stated that my denial is based on my probation and that I am eligible to apply for naturalization again when the probation ends on May of 2013.

My active alcohol treatment/diversion program will end on May of 2010 and at which point all will remain is the three years of probation/monitoring until 2013. I am a permanent resident living in Washington state since 1985 and I am recently engaged to a woman living in Taiwan. My question is after completion of my active alcohol treatment program in May, can I ask the judge to reduce or end the remaining three years of my probation so that I can apply for my citizenship again?

I have spoken to my attorney whom represented me on my DUI case about this and he seem to think we may have a chance to present this to the judge after I completed my alcohol treatment. I have been engaged to my fianc� for over a year now and if we have to wait until 2013 for me to re-apply for my U.S. citizenship again and hopefully become a citizen by 2014 then I would be very concern on the burden this will have on my fianc� and myself. I would very much appreciate on any information and advice that you can provide.

Thank you.


Asked on 1/07/10, 12:03 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

In addition to talking to a lawyer about your DUI conviction, you should also consult an attorney who specializes in Immigration law.

One of the requirements for naturalization is showing of a Good Moral character during at least 5 years prior to your application for naturalization. DUI and DUI conviction is usually viewed as affecting individual's moral character.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/12/10, 7:09 am


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