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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28586
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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The good moral standing period of 5 years DUI, is calculated

Customer Question

For citizenship, The good moral standing period of 5 years for a DUI, is calculated starting from when?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

The 5 years begins from your completion of any sentence, including completing probation.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
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Judith

Customer: replied 1 year ago.
Hi Judith, actually a friend attorney from NY (immigration) just told me via phone that the 5 yrs statutory period for citizenship is calculated since the conviction date not end of probation. Obviously, he said, you can't apply during probation. The case is for someone already permanent resident who, in the meantime, also cooperated with UNICEF and charity organizations.So you disagree with him?
Best
Expert:  Judith Ludwic replied 1 year ago.

Yes I do disagree with him because the INA allows the USCiS to look at any period of time and it does not limit the examiner to 5 years.

However since DUI is not a major CIMT of no bodily injury is involved they don't press beyond the 5 yearrs. But bear in mind until your probation is completed your case is not closed because a violation can send you to jail if probation was an alternative to confinement.

GMT AND NATZ 8 CFR § 316.10

(2) In accordance with Section 101(f) of the Act, the Service shall evaluate claims of good moral character on a case-by-case basis taking into account the elements enumerated in this section and the standards of the average citizen in the community of residence. The Service is not limited to reviewing the applicant's conduct during the five years immediately preceding the filing of the application, but may take into consideration, as a basis for its determination, the applicant's conduct and acts at any time prior to that period, if the condu ct of the applicant during the statutory period does not reflect that there has been reform of character from an earlier period or if the earlier conduct and acts appear relevant to a determination of the applicant's present moral character.

http://www.gpo.gov/fdsys/pkg/CFR-2009-title8-vol1/pdf/CFR-2009-title8-vol1-sec316-10.pdf

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Expert:  Judith Ludwic replied 1 year ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

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