Naturalization application with minor infraction

[Joeandcindy 1]

Hi,

I am living with my husband here in the US for 12 years now, and I am on my way for my Citizenship application.

My problem is on the year 2013 of Aug, I was convicted with minor infraction and paid for fines. I lit a fire to BBQ in one of the Fish and Game Park here in California which I saw no signs that fire is not allowed. My big question is, do I have to wait 3 years from conviction prior to qualification on applying for n-400?

I will greatly appreciate your kind information on this regard.

Thank you,

Cindy

[JimmyHou 613]

Hi,

I am living with my husband here in the US for 12 years now, and I am on my way for my Citizenship application.

My problem is on the year 2013 of Aug, I was convicted with minor infraction and paid for fines. I lit a fire to BBQ in one of the Fish and Game Park here in California which I saw no signs that fire is not allowed. My big question is, do I have to wait 3 years from conviction prior to qualification on applying for n-400?

I will greatly appreciate your kind information on this regard.

Thank you,

Cindy

No you don't have to wait, but unfortunately there's no absolute answer as to whether or not it'll affect your application.

1) This relates to the requirement to show good moral character

2) No indication if such a minor issue will impact their view of your character, especially if you plead guilty and paid the fines

3) It's not clear if the statutory period is 5 years for everyone or 5 years for 5 year applicants and 3 years for 3 year applicants

4) The USCIS policy manual states that even after the statutory period, some incidents can be taken into consideration

I'm not a lawyer or an expert, but my view is that you've got a very good chance of being approved if you apply now. You probably have an even better chance if you apply after August 2013. That's because based on what I've read, most interviewers won't consider this a moral character issue. However, a handful of interviewers treat a conviction as a conviction regardless of what it was for and they rely on the statutory limit rather than their own judgement to make a decision.

If you want more peace of mind, apply in August, but my guess (and it's just a guess) is that waiting would be a waste of time, since you'll probably be approved anyway (assuming this is the only issue).

In either case, make sure you are ready to explain the situation (some people thinks this means be ready with an excuse; don't do that; you did something wrong, just admit it) and make sure you can present proof of payment of fines and (very important) get a final disposition letter from the court.

Good luck to you.

[Joeandcindy 1]

Thank you Jimmy for kind response. Yes that is my only issue, right now I am working on gathering all my supporting documents while filling-out my N-400 application form. I am glad that you have mentioned for me to get a final disposition letter from the court. My husband suggested that I should request the court to expunge it, but I was thinking what difference would it make since I still have admit that infraction anyway. I am not sure if I will wait till August to file my N-400 since my Permanent Resident Card is expiring January 2017.

By the way, I also want to tell the members here that, before I was married to Joe, he comes here to asked question regarding immigration. He is the one who told me to sign-up here at Visajourney, now that, is my turn to file my citizenship.

I also want to express my greatest gratitude to this website, which have been very helpful and supportive in any way from the very beginning till now. Thank You! It's been 13 years of staying married and just celebrated our wedding anniversary yesterday

[johnnyenglish 2]

No you don't have to wait, but unfortunately there's no absolute answer as to whether or not it'll affect your application.

1) This relates to the requirement to show good moral character

2) No indication if such a minor issue will impact their view of your character, especially if you plead guilty and paid the fines

3) It's not clear if the statutory period is 5 years for everyone or 5 years for 5 year applicants and 3 years for 3 year applicants

4) The USCIS policy manual states that even after the statutory period, some incidents can be taken into consideration

You're complicating things as usual. Imo, this would have no impact even if the op pled guilty. It's an admin code violation of sorts. And i think its pretty clear everywhere that GMC period is 3 years for marriage based and 5 years for all other apps.

[JimmyHou 613]

No you don't have to wait, but unfortunately there's no absolute answer as to whether or not it'll affect your application.

1) This relates to the requirement to show good moral character

2) No indication if such a minor issue will impact their view of your character, especially if you plead guilty and paid the fines

3) It's not clear if the statutory period is 5 years for everyone or 5 years for 5 year applicants and 3 years for 3 year applicants

4) The USCIS policy manual states that even after the statutory period, some incidents can be taken into consideration

I'm not a lawyer or an expert, but my view is that you've got a very good chance of being approved if you apply now. You probably have an even better chance if you apply after August 2013. That's because based on what I've read, most interviewers won't consider this a moral character issue. However, a handful of interviewers treat a conviction as a conviction regardless of what it was for and they rely on the statutory limit rather than their own judgement to make a decision.

If you want more peace of mind, apply in August, but my guess (and it's just a guess) is that waiting would be a waste of time, since you'll probably be approved anyway (assuming this is the only issue).

In either case, make sure you are ready to explain the situation (some people thinks this means be ready with an excuse; don't do that; you did something wrong, just admit it) and make sure you can present proof of payment of fines and (very important) get a final disposition letter from the court.

Good luck to you.

You're complicating things as usual. Imo, this would have no impact even if the op pled guilty. It's an admin code violation of sorts. And i think its pretty clear everywhere that GMC period is 3 years for marriage based and 5 years for all other apps.

Thanks for sharing your point of view. That's what this forum is for.

To the OP, I believe the information in my original post is correct.

[JimmyHou 613]

Thank you Jimmy for kind response. Yes that is my only issue, right now I am working on gathering all my supporting documents while filling-out my N-400 application form. I am glad that you have mentioned for me to get a final disposition letter from the court. My husband suggested that I should request the court to expunge it, but I was thinking what difference would it make since I still have admit that infraction anyway. I am not sure if I will wait till August to file my N-400 since my Permanent Resident Card is expiring January 2017.

By the way, I also want to tell the members here that, before I was married to Joe, he comes here to asked question regarding immigration. He is the one who told me to sign-up here at Visajourney, now that, is my turn to file my citizenship.

I also want to express my greatest gratitude to this website, which have been very helpful and supportive in any way from the very beginning till now. Thank You! It's been 13 years of staying married and just celebrated our wedding anniversary yesterday

Good luck to you; I'd be shocked if you aren't approved with ease. This should not be an issue unless you get a very unreasonable interviewer.

[Joeandcindy 1]

Thanks a bunch to both of you.