Citizenship Form and DUI Arrest?

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My brother wants to file for his American citizenship, but he was arrested last year for a DUI. He got his license suspended for eight mont One of the questions on the form asks, "Have you ever been charged with committing any crime or offense?" Should I check "YES" or "NO?"


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  1. Canan says:
    September 29, 2009 at 6:14 am

    Immigration laws are constantly changing and are very complex, so it’s going to be somewhat complicated.

    I think some courts ruled (a few years back) that "only" ONE DUI is not something that can impact "good moral character" as is necessary to gain U.S. citizenship. There were other laws that made resident aliens removable (deportable) if they had more than one DUI, but since alcoholism is a treatable disease, these laws were challenged. But to become a U.S. citizen a person must not be a "habitual drunkard" (that is the actual term, yes!), and one DUI may be used to deem a person not being able to establish "good moral character" for citizenship purposes (if other supporting factors exists).

    Plus, (here comes the trick:), anything that is actually punished by the legal system with more than 6 months, exlude the receiver to "establishing good moral character" for at least 5 years. (If the punishment exceeds 1 year, it is possible that an individual can’t establish ‘good moral character’ indefinitly).

    Since that convinction is so recent, it is probably not recommendable to apply for citizenship at this time. In my opinion, it is very likely that the application will be denied and the money lost. Even if you apeal the denial, substantial fees are attached to it.

    Another thing is that the person who’s applying should fill out the application or indicate that he’s not filled out the application himself (very important!).

    Wait and establish "good moral character" with a good work history, stable life etc. and put in your application after it’s been at least 5 yrs. since the DUI.

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