Q about citizenship application

[MistyB]

I got a Q here about citizenship......

Soon to be ex came over to the US by doing a 601 in 2006. He got his greencard in March 2006. Now in late 2006 he got a DUI. He lost his license in Feb. 2007. He hasnt been in trouble since.

How does this affect citizenship app? and also we're getting divorced, will that affect it too?

[USnoiva]

I know that instead of being able to apply at 3 years, he will have to wait for the 5 year anniversary of his LPR status. Also, it is clearly stated the applicant must have shown good moral character during these 5 years although I am usure about how strictly this is enforced.

[JMRJ]

Provided they won't get divorce while his status his CR-1, which generally speaking, terminates the conditional residence status, he should be able to apply for Naturalization in his own right under Section 316 after becoming a permanent resident of 5 years. He would not be able to qualify for Naturalization based on the marriage under Section 319.

DUI: One DUI will not result in naturalization denial. It will be a problem if the drunk driving conviction(s) involved CIMT or fall under the category of an aggravated felony...or multiple DUI convictions that can render him as being a habitual drunkard.
It is important that he already finish his probation before applying for naturalization because they will review the details of the DUI in making a determination of a good moral character. (http://en.wikipedia.org/wiki/Good_moral_character) It is also important to note that he won't drink and drive again because another occurence of breaking the law could result in a denial as a matter of discretion.

However, it is always wise to have a consult with an experienced attorney when dealing with a conviction and immigration.