Please Help on My N400 Application

[impreza 0]

I have been following this site for a while, couldn't find any specific answers to my questions so here they are.

So it's time that I can submit my N400 application. I've got couple of questions.

1. I am a green card holder but my conditional card is still being processed, do I have to wait for this or I can apply in the mean time. I called USCIS and they said you can apply for citizenship it has nothing to do with ROC application. Here couple says it could speed it up even? is that true?

2. Am I eligible to file for n400 3months before the time I became a permanent resident or 3 months before we got married? We got married in February 2011 and received my conditional card on August 2011 so can I apply 3 months before August or February?

3. Other than N400 what other documents do I need to send? I hope we don't have to prove our marriage for the 3rd time?

4. I got arrested a while back after having an argument with a person in Subway. If you live in new york city, you'll know that this sometimes is unavoidable. Long story short, I got arrested by poilice and put in jail overnight, next morning I was out. Then hired a lawyer and he got me an ACD for 3 months. It's all over case is dismissed now of course. (apparently I was charged with harassment and misdemeanor assault i think its code was 120.00). It was pretty stupid but regardless it happened. I got the Certificate of Disposition from court.

So was I charged ? Yes (right?)

was I convicted? No (ACD dismissed the case)

So going back to N400

Part 11 Item 23- (have you ever been arrested, cited, or detained by any law enforcement officer)? I say YES?

Part 11 Item 24- (have you ever been charged or committing, attempting to commit, or assisting in commiting a crime or offense?) I say NO?

Part 11 Item 25- (have you ever been convicted of a crime or offense?) I say NO?

Part 11 Item 28- (have you ever been in jail or prison ( I say yes and write 1 day)?

experience users can you advice me on this issues that will be great, thanks in advance

[Darth Vader Ku 16]

I have been following this site for a while, couldn't find any specific answers to my questions so here they are.

So it's time that I can submit my N400 application. I've got couple of questions.

1. I am a green card holder but my conditional card is still being processed, do I have to wait for this or I can apply in the mean time. I called USCIS and they said you can apply for citizenship it has nothing to do with ROC application. Here couple says it could speed it up even? is that true?

2. Am I eligible to file for n400 3months before the time I became a permanent resident or 3 months before we got married? We got married in February 2011 and received my conditional card on August 2011 so can I apply 3 months before August or February?

3. Other than N400 what other documents do I need to send? I hope we don't have to prove our marriage for the 3rd time?

4. I got arrested a while back after having an argument with a person in Subway. If you live in new york city, you'll know that this sometimes is unavoidable. Long story short, I got arrested by poilice and put in jail overnight, next morning I was out. Then hired a lawyer and he got me an ACD for 3 months. It's all over case is dismissed now of course. (apparently I was charged with harassment and misdemeanor assault i think its code was 120.00). It was pretty stupid but regardless it happened. I got the Certificate of Disposition from court.

So was I charged ? Yes (right?)

was I convicted? No (ACD dismissed the case)

So going back to N400

Part 11 Item 23- (have you ever been arrested, cited, or detained by any law enforcement officer)? I say YES?

Part 11 Item 24- (have you ever been charged or committing, attempting to commit, or assisting in commiting a crime or offense?) I say NO?

Part 11 Item 25- (have you ever been convicted of a crime or offense?) I say NO?

Part 11 Item 28- (have you ever been in jail or prison ( I say yes and write 1 day)?

experience users can you advice me on this issues that will be great, thanks in advance

I am not an experienced user, but I would, in my layman opinion, answer as follows:

1) You do not have to wait till your Removal Of Conditions Form I-751 petition is adjudicated. You can proceed to submit your N-400 as long as you satisfy the requirements under the relevant time statutes.

2) You can apply ninety days (not necessarily three months) before the third-year anniversary of the "Resident Since" date on your Green Card if applying under the three-year statute or before the fifth-year anniversary otherwise. You should also have been married for three years if your submit under the three-year statute.

3) A clear list of docments you need to send for an N-400 petition are clearly listed on the USCIS website. If you will not review it yourself in preference of relying on the goodwill of strangers to tell you what to do, it could be an indication that you are not ready to file such an important petition. That said, if you elect to apply under the three-year statute, you will need to furnish documentation attesting to a valid, on-going and co-habitational marriage to the USCIS.

4) Having an argument on the New York City subway that results in an arrest indicates that far more than just an argument took place in your case. In my opinion, such an escalation warranting an overnight stay in jail is avaoidable. That said:

Part 11 Item 23- (have you ever been arrested, cited, or detained by any law enforcement officer)? Answer: YES

Part 11 Item 24- (have you ever been charged or committing, attempting to commit, or assisting in commiting a crime or offense?) Answer: YES

Part 11 Item 25- (have you ever been convicted of a crime or offense?) Answer: NO

Part 11 Item 28- (have you ever been in jail or prison) Answer: NO

What is ACD? You take for granted that this would commonly be known.

Good luck to you!

[impreza 0]

(Adjournment in contemplation of dismissal (ACD) may be offered to a defendant in the interest of justice with a view toward ultimate dismissal of the charge[1] The judge usually adjourns the case for a period of six months (sometimes a year) after which time the case will be dismissed as long as the defendant has stayed out of trouble (i.e., has not gotten arrested again). It is neither a form of probation, nor a conviction.)

I was given an ACD and it is a period when the case stays open, as long as you don't get arrested for any reason during that time, all charges and case is dismissed and sealed.

once the given time (usually 6 months even 1 year for possession pot) I was given 3 months considering how stupid it was.

You're right Item 24 should be a yes too, yes there was a charge.

Edited March 26, 2014 by impreza

[Birdo 16]

For your third question; if you will be filing based on the 3 year married to US Citizen rule, then yes, you will have to furnish proof that it is still a good marriage, you're living together and paying taxes together. If you wish to skip this part, you can wait two additional years and file under the 5 year as resident rule.

Other documents that are required are detailed in the N-400 instructions - passport photos, copies of green card, divorce documents etc.

[impreza 0]

For your third question; if you will be filing based on the 3 year married to US Citizen rule, then yes, you will have to furnish proof that it is still a good marriage, you're living together and paying taxes together. If you wish to skip this part, you can wait two additional years and file under the 5 year as resident rule.

Other documents that are required are detailed in the N-400 instructions - passport photos, copies of green card, divorce documents etc.

no there's no problem sending that stuff it just gonna annoy us, bank letter statements house bills leases i mean you know the drill, we have all that though no problem, just thought at this point it's pretty obvious that yea this is bona fide

anybody know more about the arrest questions? i guess it's pretty obvious, arrested yes convicted no, charged yes,

also anybody knows how ACD affects anything, maybe more time to be finalized?

Edited March 26, 2014 by impreza