Will an old arrest or DUI block my naturalization?
Possibly — the statutory good-moral-character period is the 5 years (3 for spouses of citizens) before filing, but USCIS examines arrests beyond that window for context and a single conviction can be disqualifying.
INA § 101(f) and 8 C.F.R. § 316.10 define the good moral character (GMC) requirement for naturalization. The statutory GMC period is the 5 years immediately before filing (3 years for spouses of citizens filing under INA § 319(a)). Conduct inside that window carries more weight than conduct outside it — but USCIS officers routinely consider older arrests, charges, and convictions for the discretionary GMC analysis.
Automatic GMC bars (anytime in life)
A handful of convictions are permanent bars to GMC and to naturalization, regardless of when they occurred:
- Murder at any time.
- Aggravated felony conviction on or after November 29, 1990 under INA § 101(a)(43).
- Genocide, torture, or extrajudicial killing.
Bars during the statutory period
Inside the 5/3-year window, the following typically bar GMC:
- Any crime involving moral turpitude (CIMT) under INA § 212(a)(2)(A)(i)(I) unless it falls within the petty-offense exception.
- Multiple convictions with aggregate sentence of 5 years or more.
- Controlled-substance violations other than a single offense of simple possession of 30 grams or less of marijuana.
- Two or more gambling convictions.
- Habitual drunkard findings (multiple DUI convictions raise this).
- Confined to a penal institution for 180+ days during the period.
- False testimony to obtain an immigration benefit.
DUIs specifically
A single DUI without aggravators is generally not an automatic bar, but two or more DUIs during the statutory period raise a rebuttable presumption of lacking GMC under USCIS policy (PM-602-0167). The presumption can be overcome with evidence of rehabilitation — completed treatment, sustained sobriety, and community ties.
The denaturalization risk
In 2026 the U.S. is operating an active denaturalization task force. Naturalizations procured through misrepresentation or omission of a disqualifying arrest can be revoked under INA § 340. The most common trigger we see is an N-400 that answered "no" to the arrest question without disclosing a sealed or expunged matter. All arrests must be disclosed, even if sealed or expunged, with the certified court disposition attached.
How we handle this
The first conversation with a naturalization candidate is a full criminal-history audit, before we touch the N-400. We pull certified court records on every arrest, run the categorical-approach analysis on every conviction, and decide whether (a) to file now, (b) to delay to put more clean time between the applicant and the offense, or (c) to pursue post-conviction relief first. The N-400 we file is a paper trail USCIS cannot turn into a denial — because every question has been answered honestly with the certified record attached.
Frequently asked questions
What happens if I miss my one-year asylum deadline?
If you miss the one-year filing deadline, you may be ineligible for asylum unless you qualify for an exception based on changed or extraordinary circumstances. You may still be able to apply for other forms of protection, such as Withholding of Removal or relief under the Convention Against Torture, which do not have the same one-year requirement.
How can I speed up a delayed immigration case?
You can check current processing times on the USCIS website to see if your case is outside of the normal range. If it is, you might consider filing a service inquiry, contacting a congressional representative, or, in cases of extreme delay, filing a mandamus lawsuit in federal court to compel a decision.
Can I stay in the U.S. while my petition for review is pending?
Filing a petition for review does not always provide an automatic stay of removal, which means the government could potentially deport you while the court considers your case. You often must file a separate motion for a stay to request that the court stop your deportation until a final decision is reached on your appeal.
Do I need to pay a fee to file for an immigration appeal?
Yes, most appeals and petitions for review require the payment of the current filing fee. You should check the specific court or agency website for the current amount, as these fees are subject to change. If you cannot afford the fee, you may be able to request a fee waiver by demonstrating financial hardship.
Legal sources
- INA § 101(f) — Good moral character — INA § 101(f) · 8 U.S.C. § 1101(f)
- 8 C.F.R. § 316.10 — Good moral character determinations — 8 C.F.R. § 316.10
- INA § 340 — Revocation of naturalization — INA § 340 · 8 U.S.C. § 1451