Question: Hello Attorney Byrd. I filed for naturalization two months ago, and am awaiting my interview. I think I may have a few issues and hope you can let me know. I had two DUI’s about 7 years ago, and then unfortunately was convicted of another DUI two years ago. I took AA classes, and do not drink anymore, and have definitely learned my lesson where alcohol and driving is concerned. Will these convictions be problems for me? Thank you for answering my question. Gregorio
Answer: Hello Gregorio. Thank you for your question. A requirement for naturalization is good moral character. USCIS has recently become tougher on DUI convictions. If there are old DUI convictions, such as outside the 5 years immediately preceding the filing of the naturalization application, and then there is another DUI conviction within the five years immediately preceding the filing , USCIS has recently taken the position that the alcohol problem likely continued in the gap between convictions. Moreover, they believe that the problem may still be continuing. It is very important that you present sufficient evidence to show that you have been rehabilitated, or have changed your behavior and no longer abuse alcohol. You should perhaps seek the services of a competent immigration attorney who handles naturalization cases where convictions are involved. Good luck.
Question: Hello Attorney Byrd. I read your column every week. Thank you for your advice to Filipinos. My grandmother filed for naturalization and now has an interview coming up. She unfortunately had three petty theft convictions in her past. We have tried to help her, and she has seen a therapist. I was told that a petty theft conviction doesn’t really matter to USCIS. Is this true? Aida
Answer: Hello Aida. Thank you for your question. As a general rule of thumb, USCIS always cares about convictions in the naturalization context as that is a direct reflection on one’s moral character. The question is how much the conviction affects your grandmother’s case. Here, it has a serious effect. Your grandmother is actually deportable under the ground that she has been convicted of more than one crime involving moral turpitude at any time after her admission to the U.S. Her case should have been carefully analyzed before she filed to determine if she had good chances of success with her application, as well as if she was willing to risk being placed in deportation proceedings.
As her application has already been filed, she should prepare as much evidence of her rehabilitation as possible. USCIS can now either naturalize your grandmother, or can place her in deportation proceedings. I highly suggest that your grandmother hire a competent immigration attorney to help prepare her rehabilitation evidence and be with her in the interview. What she does at this point can seriously affect her future. Good luck.
Question: Hi Attorney Byrd. Thank you for helping so many in our community. My sister wants to file for U.S. citizenship. She has been a permanent resident for 8 years. We want to make sure if she will have problems since she has spent some time outside the U.S. in the last five years trying to start a business in the Philippines. Her longest trip length was about 7 ½ months. God Bless, Precy.
Answer: Hello Precy. Thank you for such a good question. When applying for naturalization, commonly called U.S. citizenship by many people, one’s trip history in the last five years immediately preceding the filing becomes very important. One of the requirements of naturalization is that one has resided continuously in the United States in the five years immediately preceding the filing of the application. To determine if the person has been continuously residing in the U.S., USCIS looks at the trip history during this statutory period. If one trip lasted more than 6 months, USCIS presumes that the applicant has not been continuously residing in the U.S. This can lead to a denial of the application.
This presumption, however, can be rebutted. The applicant should offer evidence that they were continuously residing in the U.S., i.e., that they had significant ties in the U.S. during this time, and no significant ties abroad during this time. Your sister should consult with a competent immigration attorney to analyze her trip history to determine if she is at risk for denial, and what type of evidence she can offer in support of her case. Good luck.
Attorney Byrd has been practicing immigration law exclusively for over 10 years and has helped thousands in the Filipino community with their immigration issues. To schedule a confidential consultation, contact Attorney Byrd through e-mail at info@byrdassociates.com, or at one of her Bay Area offices below.
San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
(408) 995-3268
San Francisco Office
One Embarcadero Center, Suite 500
San Francisco, CA 94104
(415) 362-2285
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