US Naturalization application with probation

[Giant_fan]

Hello,

I plan to apply for my US naturalization and need assistance to determine if I am available. I was sentenced to federal DWI/DUI on Jan 24 2014 for 180 days which ended on July 26, 2014. I received my green card through marriage the same year on March 20 2014 and have not have any encounter with the law since. According to the eligibility rules, I would need to be married for 3 years, of good moral character, etc. Should I count 3 years or 5 years from the end of the probation? My lawyer suggested five years but I do not agree with him. Please advise. Thank you in advance

[SuperSanta]

Five.

You're conflating two different things, when you'd be eligible to apply for citizenship (3 years via marriage) with the Good Moral Character test. While you may be eligible to apply after three years there is a chance your application could be rejected because you failed the GMC test, and you'll have a much better shot at passing it when you exceed five years from the END of your probation period (not the START of your probation). Either way all criminal convictions must be declared.

For the "why" let's look at the USCIS Policy Manual "Volume 12 – Citizenship & Naturalization," specifically Chapter 9 – Good Moral Character.

One of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character. In general, the applicant must show GMC during the five-year period immediately preceding his or her application for naturalization and up to the time of the Oath of Allegiance. Conduct prior to the five-year period may also impact whether the applicant meets the requirement.

Essentially they always reserve the right to reject you, but the last five years have higher requirements.

[newacct]

The statutory period for GMC is actually 3 years if applying under the 3-year rule. See Good Moral Character, Adjudicative Factors

The statutory period starts three years prior to the date of filing for certain spouses of U.S. citizens.