By Erick Widman, Immigration Attorney, Passage Immigration Law.
An old arrest or a DUI does not automatically stop you from becoming a U.S. citizen. But it does change how you should prepare. USCIS reviews your whole record, asks for court documents, and in 2026 weighs your character more broadly than it did a few years ago. This guide explains what the citizenship application (Form N-400) asks, which offenses are true bars, how USCIS treats one DUI versus two, and when it may be smarter to wait before filing.
General information only. This is not legal advice for your situation.
Have an arrest, ticket, or DUI in your past? Request a Consultation before you file, so we can review your records with you.
The short version
- You must show “good moral character” for the statutory period: generally the 5 years before you file (3 years for many spouses of U.S. citizens), and up to the day you take the Oath of Allegiance.
- Disclose everything the N-400 asks, including arrests with no charges, expunged or sealed cases, pardons, and offenses before age 18. Leaving something out can be a bigger problem than the offense itself.
- One DUI is not an automatic bar, but USCIS will look at the circumstances and your record as a whole.
- Two or more DUI convictions during the statutory period create a presumption that you lack good moral character. It can be overcome only with strong evidence.
- Some convictions, such as an aggravated felony, are a permanent bar, and some can put your green card at risk. Get advice before filing if you have any conviction.
What “good moral character” means in 2026
The law does not define good moral character directly. Instead, it lists conduct that rules it out, and lets USCIS find that someone lacks it “for other reasons.” In August 2025, USCIS issued a policy memo (PM-602-0188) telling officers to use a “holistic,” totality-of-the-circumstances review. In practice that means two things:
- Officers look harder at negatives, including not just statutory bars but conduct that falls below the standards of the average citizen in your community. The memo gives examples such as reckless or habitual traffic infractions.
- Officers also weigh positives: community involvement, family caregiving, education, stable lawful work, length of residence, and paying your taxes. Evidence of rehabilitation counts too, such as completing probation, catching up on child support, paying overdue taxes, and letters from credible people who know you.
Our good moral character checklist walks through the factors one by one, and our 2026 guide to the citizenship application covers the rest of the process, including the civics test.
Permanent bars vs conditional bars
Permanent bars mean you can never establish good moral character. They include a murder conviction and an aggravated felony conviction on or after November 29, 1990. “Aggravated felony” is an immigration term that can include some offenses a state calls a misdemeanor, so never assume a case is minor because of its label.
Conditional bars apply only if the conduct happened during the statutory period. Once it falls outside that period, you may be able to qualify. The most common ones in criminal cases are:
- A conviction for, or admission of, a crime involving moral turpitude (such as many theft and fraud offenses), with a narrow exception for a single petty offense
- Any controlled substance violation, except a single offense of simple possession of 30 grams or less of marijuana
- Two or more convictions with a combined sentence of 5 years or more
- Spending a total of 180 days or more in jail or prison
- Being a “habitual drunkard”
- Giving false testimony to get an immigration benefit
- “Unlawful acts” that reflect badly on your character, even without a conviction, unless there were extenuating circumstances
Earlier conduct can still matter. USCIS is not limited to the statutory period if your present conduct does not show reform, or if the older conduct is relevant to your character today. Our explainer on permanent and conditional bars goes deeper.
A note on marijuana: marijuana is still a controlled substance under federal law. Using it, even where it is legal under state law, or working in the cannabis industry can count against you. See our post on marijuana use and citizenship.
How USCIS treats a DUI
For USCIS, “DUI” covers every impaired-driving offense, whatever your state calls it: DUI, DWI, OUI, and similar. It does not include a reduced charge like negligent or reckless driving that does not require proof of impairment, although USCIS can still ask about the facts.
One DUI. A single DUI conviction is not a statutory bar. But under the 2025 approach, the officer will ask about what happened and look at the whole picture. Be ready to show the court record, proof you completed every part of the sentence, and what has changed since.
Two or more DUIs during the statutory period. Under Matter of Castillo-Perez (Attorney General, 2019), two or more DUI convictions during the statutory period create a rebuttable presumption that you lack good moral character. To overcome it, you need “substantial relevant and credible” evidence that you had good moral character even during the period when the DUIs happened, and that the convictions were an aberration. Treatment and sobriety after the fact help, but USCIS says rehabilitation alone does not rebut the presumption. For many people with two recent DUIs, the realistic plan is to wait until the convictions fall outside the statutory period.
Patterns. Multiple alcohol-related arrests, public intoxication charges, or job losses linked to drinking can also raise the habitual drunkard question.
Still on probation? USCIS cannot approve a naturalization application while you are on probation, parole, or a suspended sentence. Finish it, get proof from the court, and then file.
What the N-400 asks and what to disclose
The N-400 asks whether you have ever been arrested, cited, detained, charged, or convicted, anywhere in the world. The instructions are clear that you must report:
- Arrests and detentions, even if no charges were filed
- Cases that were dismissed, diverted, or deferred
- Offenses that were expunged, sealed, or pardoned
- Offenses committed before you turned 18
- Alcohol- or drug-related traffic incidents
USCIS can deny an application for leaving out an offense even when the offense itself would not have been a problem. False answers can also become their own bar (false testimony) and, in serious cases, a fraud issue. If you are unsure whether something counts, list it and explain. Our post on what happens if you are not truthful at the naturalization interview explains the risks.
Ordinary traffic tickets are a special case. You generally do not need to send records for a traffic incident unless it involved alcohol or drugs, led to an arrest, or seriously injured someone. See our guides on traffic violations and the N-400 and reporting citations.
The court records to gather
The N-400 instructions list what USCIS expects for each kind of record:
| If you have ever | Bring |
|---|---|
| Been arrested or detained, and no charges were filed | The arrest report and an official statement from the arresting agency or court that no charges were filed |
| Been arrested and charged | Arrest reports, charging documents, court dispositions, sentencing records, and anything else you want USCIS to consider |
| Been convicted or sentenced, including probation or a suspended sentence | The sentencing record and proof you completed the sentence, such as probation or parole records |
| Been placed in diversion, deferred adjudication, or a treatment program | The sentencing record and proof you completed the program |
| Had a record expunged, sealed, vacated, or pardoned | The court order or pardon, or a court statement that no record exists |
| Been ordered to pay a fine or restitution | The order and proof of payment |
A few practical points:
- If a record no longer exists, get a certified letter from the court or agency saying so.
- Expungement does not erase a conviction for immigration purposes. USCIS can still require the record, and it is your job to get it.
- You can send copies with the application, but bring originals or court-certified copies to the interview.
- Many people do not remember every old arrest. Requesting your FBI Identity History Summary and checking each county where you have lived helps you avoid an accidental omission.
Our page on documents for the citizenship interview has the full list.
Could applying put your green card at risk?
Yes, in some cases. Filing an N-400 puts your full record in front of USCIS. Under a February 2025 policy memo (PM-602-0187), USCIS will issue a Notice to Appear in immigration court in certain naturalization cases, for example when an applicant has a conviction that makes them deportable, or when USCIS concludes the person was not eligible for the green card in the first place. Some offenses that do not bar citizenship can still make a permanent resident deportable. That is why anyone with a conviction should have an attorney review the records before filing. Read more in is my green card at risk when I apply to naturalize.
Should you wait to file?
Sometimes, yes. Waiting can make sense if:
- You are still on probation, parole, or a suspended sentence
- You have two or more DUI convictions inside the statutory period
- A conditional bar applies and will fall outside the statutory period soon
- You have unpaid fines, restitution, child support, or taxes you can resolve first
Filing too early costs the $760 paper fee ($710 online) and can leave a denial on your record. Filing at the right time, with a clean, complete set of records and evidence of the good things in your life, puts you in a much stronger position.
What to expect at the interview
The officer will go through your answers under oath, ask about each arrest or ticket, and may ask you to explain what happened in your own words. Keep your explanation honest, short, and consistent with the court records. Bring certified dispositions, proof you finished your sentence, and positive evidence such as tax transcripts, proof of steady work, and letters about your community and family life. See our naturalization interview guide.
When attorney help matters
Talk to an attorney before filing if you have any conviction, more than one arrest, a DUI in the last five years, a drug-related charge (including marijuana), any time in jail, a case in another country, or an expunged record you are not sure how to report. Learn about our citizenship services.
Frequently asked questions
Can I become a U.S. citizen with a DUI?
Often, yes. A single DUI is not an automatic bar, but USCIS will look at the circumstances and your overall record. Two or more DUI convictions during the statutory period create a presumption that you lack good moral character, which is hard to overcome.
Do I have to report an arrest that was expunged or dismissed?
Yes. The N-400 instructions require you to report arrests even if no charges were filed, and offenses that were expunged, sealed, or pardoned. Bring the court order or a court letter confirming the outcome.
How long should I wait after a DUI to apply for citizenship?
There is no single rule. Many people wait until probation is complete and, for multiple DUIs, until the convictions fall outside the 5-year (or 3-year) statutory period. USCIS can still consider older conduct, so get advice for your situation.
Do I need to report traffic tickets on the N-400?
Report what the form asks. You generally need to send documents for a traffic incident only if it involved alcohol or drugs, led to an arrest, or seriously injured someone. Unpaid fines should be paid before you apply.
Can applying for citizenship get me deported?
In some cases. If your record includes a conviction that makes you deportable, USCIS may issue a Notice to Appear in immigration court instead of approving the application. Have an attorney review your records before filing.
Next steps
If you have an arrest, DUI, or other conviction and want to know whether and when to file, Request a Consultation. Have your green card, the dates of any arrests, and whatever court papers you already have ready. You can also call (503) 427-8243. If you decide to hire us, our representation begins once you sign the engagement agreement and make the opening case payment.
Results depend on the facts of each case, and nothing here guarantees an outcome.
Sources
- USCIS Policy Memorandum PM-602-0188, Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard (Aug 15, 2025): totality approach, positive factors, rehabilitation evidence, “reckless or habitual traffic infractions,” two or more DUIs as conditional bar
- USCIS Policy Manual, Vol. 12, Part F, Chapter 5, Conditional Bars for Acts in Statutory Period (current as of Oct 2, 2026): bar table, petty offense exception, 30g marijuana exception, marijuana still Schedule I, habitual drunkard, DUI definition and rebuttable presumption, unlawful acts
- USCIS Policy Manual, Vol. 12, Part F, Chapter 2, Adjudicative Factors (current as of Oct 2, 2026): conduct before the statutory period, expunged records, probation rule, admissions, pardons, removability
- USCIS Policy Manual, Vol. 12, Part F, Chapter 4, Permanent Bars: murder, aggravated felony on or after Nov 29, 1990
- USCIS Policy Manual, Vol. 12, Part F, Chapter 1, Purpose and Background: statutory period (5 years / 3 years), Matter of Castillo-Perez
- Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)
- USCIS Form N-400 page (edition 01/20/25; $760 paper, $710 online, $380 reduced fee; checked Oct 16, 2026) and Form N-400 Instructions, Crimes and Offenses Evidence table
- USCIS Policy Memorandum PM-602-0187, Issuance of Notices to Appear (Feb 28, 2025): Section D, naturalization cases
- 8 CFR 316.10, Good moral character
- FBI Identity History Summary Checks
