Can I Apply for Citizenship With a DUI?

A DUI on your record doesn't automatically disqualify you from becoming a U.S. citizen. But it does make things more complicated.

If you're a green card holder thinking about filing Form N-400 for naturalization, a past DUI conviction is probably weighing on your mind. You might be wondering if it's even worth applying or if USCIS will reject you outright.

Here's the short answer: a single DUI is not an automatic bar to U.S. citizenship. You can still apply. But USCIS will take a closer look at your application because of the good moral character requirement that every naturalization applicant must meet.

This guide breaks down exactly how a DUI affects your N-400 application, what USCIS officers look for, and what you can do to strengthen your case. We'll also cover the 2019 *Matter of Castillo-Perez* decision that changed how multiple DUIs are treated, plus the 2025 policy updates that have made these evaluations even stricter.

Whether you have one DUI from years ago or you're dealing with a more complicated situation, you'll find practical information here to help you decide your next steps.

How USCIS Looks at Good Moral Character

To become a naturalized U.S. citizen, you have to prove you've been a person of good moral character during the statutory period. For most applicants, that means the five years before you file your N-400. If you're applying based on marriage to a U.S. citizen, the period is three years.

But what exactly does good moral character mean?

USCIS doesn't give a precise definition. The general standard is that your conduct should measure up to what average citizens in your community would consider acceptable. In practical terms, USCIS looks at whether you've followed the law, paid your taxes, supported your dependents, and been a responsible member of society.

Some crimes create what's called a permanent bar to good moral character. These include murder, aggravated felonies, and drug trafficking. A DUI, by itself, is not on that list.

However, certain offenses create a conditional bar that raises questions about your character. A DUI falls into this category. It doesn't automatically mean you lack good moral character, but it does mean the USCIS officer reviewing your case will examine the circumstances more closely.

In August 2025, USCIS released new guidance that expanded how officers evaluate good moral character. The policy now instructs officers to take a holistic approach, weighing both positive and negative factors. This means your community involvement, employment history, family responsibilities, and rehabilitation efforts all matter more than ever.

What Happens With a Single DUI Conviction

A single DUI conviction, without aggravating factors, typically won't stop you from getting citizenship. Courts have consistently held that one simple DUI shouldn't result in a denial of your N-400 application.

But that doesn't mean it's a non-issue. Here's what USCIS will consider:

The circumstances of the arrest. Was anyone injured? Was there property damage? Were there children in the vehicle? Was your blood alcohol level extremely high? Did you resist arrest or have an altercation with law enforcement? Any of these factors can make a simple DUI look much worse.

When it happened. A DUI that occurred within the five-year statutory period (or three years for spouse-of-citizen applicants) carries more weight than one from a decade ago. The closer to your application date, the more carefully USCIS will scrutinize it.

Your overall record. Is this an isolated incident, or is there a pattern of behavior? Other traffic violations, arrests, or charges can combine with a DUI to create a picture of someone who doesn't respect the law.

Evidence of rehabilitation. Did you complete all court-ordered requirements? Did you attend alcohol education or treatment programs? Have you stayed out of trouble since then?

If your DUI was a one-time mistake, happened several years ago, and you've been a model resident ever since, your chances of approval remain strong. But you'll still need to disclose it on your N-400 application and provide documentation.

The Problem With Multiple DUI Convictions

Two or more DUI convictions create a much bigger hurdle. This is because of a 2019 Attorney General decision called *Matter of Castillo-Perez* that fundamentally changed how USCIS handles these cases.

Here's what that decision established: if you have two or more DUI convictions during the statutory period, there's now a rebuttable presumption that you lack good moral character. In plain English, USCIS will assume you don't meet the requirement. The burden shifts to you to prove otherwise.

This presumption applies to all types of DUI-related offenses, including DWI, OWI, OUI, and any state or federal impaired-driving charge.

What makes this particularly challenging is that the Attorney General's decision stated that evidence of rehabilitation alone isn't enough to overcome the presumption. Completing a treatment program, attending AA meetings, and staying sober after your convictions are all considered "commendable," but they don't prove you had good moral character *at the time of the offenses*.

To overcome this presumption, you'd need to show that the DUIs were an aberration rather than a reflection of your true character. This is a high bar. Some attorneys interpret this to mean you'd need to demonstrate unusual circumstances surrounding the offenses themselves, not just what happened after.

USCIS also notes that multiple DUI convictions might indicate you're a habitual drunkard, which is a separate bar to good moral character under immigration law.

If you have two or more DUIs within the relevant period, applying without consulting an immigration attorney would be risky.

Should You Wait to Apply?

Timing matters when you have a DUI on your record.

The statutory period for good moral character is calculated backward from when you file your N-400. If your DUI occurred more than five years ago (or three years for spouse-of-citizen applicants), it's outside the statutory period. This doesn't mean USCIS will ignore it completely, but the offense carries less weight.

There's another timing consideration. If you're still on probation or completing court-ordered programs for a DUI, USCIS will likely defer or deny your application. You should finish all court requirements before applying.

Here's a practical approach to consider:

• DUI within the last 1-2 years: Waiting until more time has passed is often wise. This gives you time to demonstrate sustained good conduct.
• DUI 3-4 years ago: You might be okay to apply if you have strong evidence of rehabilitation and no other issues.
• DUI 5+ years ago: The timing works in your favor, especially if your record has been clean since then.

That said, waiting too long comes with its own risks. You'll want to understand the physical presence requirements and make sure extended travel doesn't disrupt your eligibility.

What Documents You Need to Prepare

If you have a DUI on your record, documentation is critical. USCIS will want to see everything related to your case, and failing to provide complete records can delay or derail your application.

Gather the following:

Court records. Get certified copies of the court disposition showing the outcome of your case, including any plea agreements.

Police report. Obtain the official arrest report from the law enforcement agency involved.

Probation documents. If you were placed on probation, get proof of satisfactory completion.

Treatment certificates. Documentation from any alcohol education or treatment programs you completed, whether court-ordered or voluntary.

Proof of rehabilitation. This can include certificates from continued treatment programs, letters from sponsors or counselors, and evidence of lifestyle changes.

Character references. Letters from employers, community leaders, religious figures, or others who can speak to your good moral character. The more official the source, the better. Notarized statements carry more weight.

Employment records. Evidence of steady employment and being a responsible worker.

Community involvement. Documentation of volunteer work, church involvement, civic participation, or other community contributions.

Don't wait until the last minute to gather these materials. Some documents can take weeks to obtain, and you'll want everything organized before you file.

What Not to Do: Never Hide a DUI

Whatever you do, do not fail to disclose your DUI on your N-400 application.

The form specifically asks about arrests, charges, and convictions. Omitting a DUI, even if you think it was minor or happened long ago, can have severe consequences.

First, USCIS will almost certainly find out anyway. When you submit your biometrics, your fingerprints are run through federal, state, and local databases. Any criminal record will show up.

Second, intentionally hiding information on your application is considered misrepresentation. This alone can be grounds for denial based on lack of good moral character. It can also trigger more serious immigration consequences.

Third, it looks worse than the DUI itself. A USCIS officer who discovers you tried to hide something will question your honesty about everything else in your application.

The N-400 asks about all arrests, citations, and detentions, even if charges were dropped or expunged. Full disclosure is always the right approach.

DUIs Combined With Drug Offenses

A DUI involving drugs creates additional complications.

If your DUI arrest or conviction involved controlled substances rather than alcohol, immigration law treats it more seriously. Drug-related convictions can create permanent bars to good moral character, depending on the specific offense.

Even marijuana-related DUIs can be problematic. Despite legalization in many states, marijuana remains illegal under federal law, and immigration law follows federal standards.

If your DUI was drug-related, consulting with an attorney before applying is essential. This is an area where the consequences can extend beyond just a denied N-400.

Proposed Legislation That Could Change Everything

There's pending legislation that could dramatically change the stakes for green card holders with DUIs.

The Jeremy and Angel Seay and Sergeant Brandon Mendoza Protect Our Communities from DUIs Act of 2025 has been introduced in Congress. If passed, it would make any non-citizen convicted of a DUI deportable from the United States. This includes lawful permanent residents.

At the time of writing, the bill hasn't become law, but many immigration experts predict it will pass eventually. The language doesn't clearly state whether it would apply retroactively to past convictions.

This potential law makes the decision about whether and when to apply for citizenship more complicated. Some attorneys advise eligible clients to apply sooner rather than later, while this legislation is still pending. Others suggest waiting to see what happens.

If you have a DUI and are considering citizenship, staying informed about this legislation is important.

How to Strengthen Your Application

If you've decided to move forward with your N-400 despite having a DUI, here's how to present the strongest possible case.

Show what you've done since. Evidence of rehabilitation is crucial. Even though it may not overcome a presumption of bad character for multiple DUIs, it still demonstrates to the officer that you've taken responsibility and changed your behavior.

Emphasize the positive. Under the 2025 USCIS guidance, officers must weigh positive factors along with negative ones. Community involvement, steady employment, educational achievements, family caregiving, and tax compliance all count in your favor.

Prepare for the interview. You'll need to explain the circumstances of your DUI personally to the officer. Practice talking about what happened, what you learned, and what steps you've taken since. Be honest, take responsibility, and emphasize that it was not typical of how you live your life.

Consider legal help. An immigration attorney can review your specific situation, help you decide whether to apply now or wait, and assist with presenting your case. This is especially important if you have multiple convictions or aggravating factors.

Get your paperwork right. Errors on your N-400 can cause delays or denials even without a DUI complicating things. Understanding common mistakes helps you avoid them.

Quick Takeaways

• A single DUI is not an automatic bar to citizenship, but USCIS will examine your case more closely.
• Two or more DUIs create a rebuttable presumption that you lack good moral character under *Matter of Castillo-Perez*.
• Full disclosure is mandatory. Never hide a DUI on your N-400, as USCIS will discover it through background checks.
• Timing matters. DUIs outside the five-year statutory period carry less weight.
• Documentation is essential. Gather court records, police reports, treatment certificates, and character references.
• Rehabilitation evidence helps but has limits. For multiple DUIs, showing reform after the fact isn't enough on its own.
• Pending legislation could make DUIs deportable offenses. Stay informed about the Protect Our Communities From DUIs Act.

Conclusion

A DUI on your record doesn't have to end your dream of becoming a U.S. citizen. Thousands of people with DUI convictions have successfully naturalized, and you can too with the right preparation.

The key is understanding what you're dealing with. A single, isolated DUI from years ago is very different from multiple recent convictions. Your circumstances, the evidence you provide, and how you present your case all matter.

Start by gathering your documentation. Court records, completion certificates, and character references take time to collect. If your DUI is recent or you have multiple convictions, speaking with an immigration attorney before filing makes sense.

When you're ready to prepare your N-400, Immiva can help you fill out the application in plain language, making sure you answer each question correctly. And don't forget to study for the civics test so you're fully prepared for your interview.

Your path to citizenship might require extra effort, but for many people with DUI histories, the goal is absolutely within reach. Take it one step at a time.

References

• USCIS Policy on Good Moral Character Determinations - Official 2019 guidance on DUI convictions and naturalization
• Matter of Castillo-Perez, 27 I&N Dec. 664 - The Attorney General decision establishing the two-DUI presumption
• Nolo: Applying for Citizenship With a DUI on Your Record - Comprehensive legal guide
• USCIS 2025 Good Moral Character Policy Memorandum - Latest policy update
• CLINIC Practice Pointer on Castillo-Perez - Legal analysis for practitioners