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  • N-400 Good morale character

    Hello dear members,

    I am a 26 year Italian citizen, U.S. resident since June 2005. I would like to apply for naturalization but first I would like to consult experienced people whether my application will be accepted or denied due to lack of good morale character.

    I am PhD student in the Aerospace Department at the University of Washington. I was given several scholarships and fellowship for my academic record and my research findings. I have been doing cut-edge research since 2006. I have gathered letters of recommendation for my naturalization interview from professors, the chair of the department and a person from volunteering activity I have done in a local elementary school.

    Unfortunately I have also make two mistakes in the past. On November 2004 I was arrested for DUI. All charges where dismissed because I was found innocent: I was not the person driving the car. On February 2008 I was arrested for DUI again and put on unsupervised probation until March 2011. I successfully completed the alcohol abuse class and paid all fines. If I do not break the law again, the charges will be lowered to negligence driving.

    Given the pros and cons about my situation, should I apply for naturalization now, wait for the probation time to be over, or hire an immigration lawyer to help with my case?

    Any suggestion and comment is very appreciated.

    Thank you in advance

    -Francesco

  • #2
    Hello dear members,

    I am a 26 year Italian citizen, U.S. resident since June 2005. I would like to apply for naturalization but first I would like to consult experienced people whether my application will be accepted or denied due to lack of good morale character.

    I am PhD student in the Aerospace Department at the University of Washington. I was given several scholarships and fellowship for my academic record and my research findings. I have been doing cut-edge research since 2006. I have gathered letters of recommendation for my naturalization interview from professors, the chair of the department and a person from volunteering activity I have done in a local elementary school.

    Unfortunately I have also make two mistakes in the past. On November 2004 I was arrested for DUI. All charges where dismissed because I was found innocent: I was not the person driving the car. On February 2008 I was arrested for DUI again and put on unsupervised probation until March 2011. I successfully completed the alcohol abuse class and paid all fines. If I do not break the law again, the charges will be lowered to negligence driving.

    Given the pros and cons about my situation, should I apply for naturalization now, wait for the probation time to be over, or hire an immigration lawyer to help with my case?

    Any suggestion and comment is very appreciated.

    Thank you in advance

    -Francesco

    Comment


    • #3
      Francsco,

      check with your local police if your record could be expunged.
      "A candle loses absolutely nothing by lighting another candle"

      Comment


      • #4
        For certain, the USCIS won't make a decision until you are out of your probation period. Even if you have the interview before then, they will defer until March 2011.

        The first DUI shouldn't count against you as you were found to be innocent. You'll still have to list the arrest though and provide all court documentation.

        The second one will look better if it gets lowered to negligent driving and not a DUI. You might want to have a one-time consultation with a good lawyer familiar with both criminal law and immigration just to double check before applying.

        Fortunately for you, a single DUI/negligent driving conviction is unlikely to affect your GC status.
        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

        Comment


        • #5
          Thank you Okalian and Brit4064 for your responses. I will eventually try to expunge my record in the future. I will wait to apply for naturalization until January or February 2011, in order to have completed the unsupervised probation time before the interview.

          Comment


          • #6
            That would be a wise decision. Hopefully there won't be a mammoth FBI namecheck backlog by then after the events of the past few days (NYC suspected terrorist bomber).
            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

            Comment


            • #7
              I understand these are tough times to go through naturalization. I hope they will accept mine, as I love this country, which I made my home. This country gave me a lot in terms of education and opportunities and I would like to base my career here.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Francesco:
                Thank you Okalian and Brit4064 for your responses. I will eventually try to expunge my record in the future. I will wait to apply for naturalization until January or February 2011, in order to have completed the unsupervised probation time before the interview. </div></BLOCKQUOTE>

                If you can get your charges reduced and record expunged by early 2011, that will be great. Just a heads up that they normally want a clean record for at least five years before approval of an application for naturalization. Good luck!!

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If you can get your charges reduced and record expunged by early 2011, that will be great. Just a heads up that they normally want a clean record for at least five years before approval of an application for naturalization. Good luck!! </div></BLOCKQUOTE>

                  That's true for a visa or LPR application, not so sure about Natz.
                  "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:

                    If you can get your charges reduced and record expunged by early 2011, that will be great. </div></BLOCKQUOTE>

                    Expunged or not, USCIS will still want to see the papers regarding charges!

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
                      That's true for a visa or LPR application, not so sure about Natz. </div></BLOCKQUOTE>

                      It is true for naturalization as well. There have been several people (a couple, offhand, on this forum) who were told to re-apply after 5 years due to past criminal issues.

                      To the OP: Consult a reputable immigration attorney before applying just to be on the safe side.
                      **************************************
                      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                      Comment


                      • #12
                        Thank you again for all the advices.

                        -Francesco

                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Posted 05-07-2010 09:12 AM Hide Post

                        quote:
                        Originally posted by ProudUSC:

                        If you can get your charges reduced and record expunged by early 2011, that will be great.



                        Expunged or not, USCIS will still want to see the papers regarding charges! </div></BLOCKQUOTE>

                        Comment


                        • #13
                          I too am interested in a similar question. My sister received a speeding and reckless driving ticket last week, she will go to court to reduce it to careless driving, will that affect her citizenship application in august?

                          Comment


                          • #14
                            how come all these foreigners are getting scholarships, fellowships, welfare, food stamps, medical attention, rx, housing and so on? and this mafioso commits crimes and now like a good italian he's crying asking for help. Go home and cry to your mamma.

                            Comment


                            • #15
                              NO_AMNESTY, I was given scholarships and fellowships because of the research I have conducted and the publications I have written. My research contributed to the good name of the University I work for, and indirectly, of the whole country. On top of this, my research is funded by an Italian company who gives us about 2.3 millions US dollars per year. This money is spent in the US, buying materials, hiring people, purchasing software, etc.. stimulating the economy in general. I pay taxes. Probably a lot more than you do.
                              To answer to your comment:
                              I am not on welfare, nor I was given food stamps. I pay for medical attention, rx and I pay for rent.
                              I do not have any connections with the mafia, nor I cry to my mamma.
                              I have to say that your comment caught me by surprise, I cannot believe there's people so ignorant and closed mind like you.
                              By the way you talk, I assume you have a very low social status and most likely income. In summary, I believe I make America a better place, you make it worse.

                              Comment



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