Criminal Defense of Immigrants

(E)  Probation and Parole. The naturalization regulations specifically provide that, “[a]n applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing Good Moral Character, but such probation, parole, or suspended sentence may be considered by the INS in determining Good Moral Character.  An application [for naturalization] will not be approved until after the probation, parole, or suspended sentence has been completed.”[110]  The immigration authorities sometimes consider periods in which a noncitizen is on probation or parole following commission of a barring offense as not counting toward a required period of Good Moral Character, although the statute does not provide for this, and this practice can be challenged in immigration or federal court.[111]

[110] 8 C.F.R. § 316.10(c)(1); D. Levy, U.S. Citizenship and Naturalization Handbook 314 (2000); AILA, 1996-1997 immigration and nationality law handbook 546.

[111] 8 C.F.R. § 316.10(c)(1).  See also In re McNeil, 14 F. Supp. 394 (N.D. Cal. 1936) (precluded until termination of parole); Petition of Sperduti, 81 F. Supp. 833 (W.D. Pa. 1949) (not precluded by probation or parole).