Criminal Defense of Immigrants

(B)  Naturalization Disqualification.  A person cannot be granted naturalization if s/he is still on probation or parole in a criminal case on the day of the naturalization interview.  “An applicant who has been on probation, parole, or received a suspended sentence during all or part of the statutory period is not thereby precluded from establishing Good Moral Character.  However, such probation, parole or suspended sentence may be considered by the service in determining Good Moral Character.  No application will be approved until after the probation, parole, or suspended sentence has been completed.”[338]  The applicant can therefore apply while on probation or parole, so long as it has ended by the time of the naturalization interview.  See § 24.13, infra.

                Counsel can remove this disqualification by obtaining a shorter period of probation or a conviction that entails a shorter period of parole.  Probation may be shortened by filing a motion to modify the terms of probation.  Parole may be shortened by the Parole Board or rarely by habeas corpus.

[338] 8 C.F.R § 316.10(c)(1).