Tooby's California Post-Conviction Relief for Immigrants

An applicant for naturalized citizenship 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.  The DHS, however, may consider such probation, parole, or suspended sentence in determining Good Moral Character.  No application will be approved until after the probation, parole, or suspended sentence has been completed.[59]

            Counsel can remove this disqualification by obtaining an order shortening the period of probation or parole.  Probation may be shortened by filing a motion to modify the terms of probation.  See § 8.35, infra.  Parole may be shortened by the Parole Board. See § 8.37, infra.

            Note that if an applicant for naturalization has been on probation or parole for any part of the period for which good moral character must be shown, some DHS offices consider that a negative equity even amounting to a non-statutory ground of disqualification not authorized by regulations.  Under these circumstances, it may be more prudent to vacate the conviction or sentence completely so as to eliminate this negative factor from the balance.

[59] 8 C.F.R. § 316.10(c).