World Journal Weekly Q & A - July 29, 2012

Q & A 1.

Q&A 1.

Will Drunk Driving Record a Few Years Ago Keep Inquirer's Friend from Becoming Citizen?

A friend of DWI asks:

My friend is born in Spain and a citizen of Spain.  In 1988, he came to U.S. and studied in the University.   After he graduated in 1992, he worked for the Computer Associate at the technical department and received his green card in 2002.  He now wants to apply for naturalization.  However, few years back, he had a Driving While Intoxicated record.  Will this record affecting his naturalization process?  

Dear reader:

A record of driving while intoxicated may affect the naturalization process in that your friend may be perceived as lacking good moral character during the five-year period prior to filing.  Every naturalization applicant must show good moral character for the period of required time, in this case five years prior to filing.  While generally recognized as not being a crime involving moral turpitude, and not being within the definitions for persons statutorily barred as lacking good moral character, e.g. habitual drunkard, person convicted of two or more gambling offenses, person whose income is derived principally from illegal gambling activities, etc., - drunk driving is a concern to many in the community because of the danger that it presents to people, and persons having a record may nevertheless be adjudged by naturalization examiners as not having good moral character.  Also where it is aggravated such as a person not having a valid license to drive, some courts have held that it is a crime involving moral turpitude. In your friend's case, the drunk driving record must be considered because it is within the five-year period of required good moral character. 

Assuming that your friend's case is not aggravated, he can file for naturalization and attempt to show his rehabilitation since he acquired the record.  Such could include a good work record, going to church, attending counseling sessions, attending meetings with Alcoholics Anonymous, etc. This would give him the best chance of passing the naturalization interview without a problem.  The other alternative is for your friend to file for naturalization after five years, at which point the drunk driving record would no longer be relevant. 

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.