N400 application with a misdemeanor dismissed

[Victores 1]

good morning everyone

My history is a few years ago ( November 2016) I got arrested for a traffic altercation in a parking a lot, I was arrested and detained for 02 hours. The police gave me a sheet of paper with a court date.

I was charge for a simple assault and destruction of propriety. 

After a plea deal, the charge was dropped and dismissed with a bargain to complete a 48 hours community service and to pay a fine $250.

Now, everything is in my past and I still regretted what I did because that slow down me a lot in my life. Thank God I am out of trouble and I learn my lesson.

My problem is got my ROC last December and I am hesitating to fill out for citizenship because I am still scared if I am in the safe place with USCIS even though my I 751 was granted.

I would like to get some advice from people who have been in this type situation and the approval for their citizenship.

God bless everybody....

 

 

 

 

 

 

 

[Going through 5,668]

You disclosed the arrest on your i-751, correct?

 

A dismissed/dropped charge is still going to be considered an alternative sentencing/diversion sentencing by USCIS since you were ordered to pay a fine and complete community service.  In other words, in the eyes of USCIS, you were found guilty of the offense.

 

Disclose the arrest on the N400.  You will also need to submit court-certified copies of the disposition with your application.    If you have any proof of the probation/community service served, and proof of the fine paid, you can submit those too. 

 

I would also suggest bringing a second set of court-certified documents to your N400 interview in case it is asked for again by the IO.

 

During my N400 interview, there were a few questions regarding my past criminal history but it was more of a fact-checking exercise at that point.  

 

Only issue that may arise is meeting the Good Moral Character requirement since your charges were less than 3 years ago.  However if this was your only offense, and your application is pretty much straightforward otherwise, might not become an issue depending on when you are planning to file---I'm assuming you are filing under the 3-year rule for naturalization?  

Edited March 16, 2019 by Going through

[Boiler 43,434]

I did not know you could voluntary pay a fine and sign up for Community service.

[Victores 1]

Thank you for your feed  back,

Obviously, I should to fill my N400 under 03 years, I keep my court disposition, my police report, the community service document and the proof of my fee paid.

And it is my first and single offense. Now I wonder if I should wait to complete the three years clean record or I can start the application.

[Boiler 43,434]

3? I thought it was 5.

[Victores 1]

I am married

[Boiler 43,434]

You have a CIMT potentially.

[Going through 5,668]

2 hours ago, Victores said:

Thank you for your feed  back,

Obviously, I should to fill my N400 under 03 years, I keep my court disposition, my police report, the community service document and the proof of my fee paid.

And it is my first and single offense. Now I wonder if I should wait to complete the three years clean record or I can start the application.

Honestly, I would wait a bit if I were you.  You've waited this long to become a citizen, what's another year or so...

 

 

 

 

[Going through 5,668]

2 hours ago, Boiler said:

You have a CIMT potentially.

OP should qualify for the petty offense exception, of course it's no fail-safe.  Still would be prudent to wait longer, though, as with any CIMT (might not be a CIMT, would depend on the intent/willfulness)...however he seems determined to apply as soon as eligible?

Edited March 16, 2019 by Going through

[ARAO 5]

I say go for it now. Your offense was no bid deal. I had an offense too including jail and I was hesitant when I applied for my citizenship but all went well. 

[sharin 41]

Honestly, I'd rather take advice from competent attorney than blindly applying for it.  I'm not saying you'll be denied but there is always that 1% chance. 

 

Here is why : assuming  worst case if you were denied, it'll always appear on USCIS record that you were denied.  Then future applications will require you to mention that your previous application was denied etc. Also, this will be last time you'll be dealing with USCIS - I'd rather proceed with caution.

 

Although, I'm positive you'll be approved since i-751 was approved considering you disclosed arrest from 2016. 

[Victores 1]

On 3/24/2019 at 1:24 PM, sharin said:

Honestly, I'd rather take advice from competent attorney than blindly applying for it.  I'm not saying you'll be denied but there is always that 1% chance. 

 

Here is why : assuming  worst case if you were denied, it'll always appear on USCIS record that you were denied.  Then future applications will require you to mention that your previous application was denied etc. Also, this will be last time you'll be dealing with USCIS - I'd rather proceed with caution.

 

Although, I'm positive you'll be approved since i-751 was approved considering you disclosed arrest from 2016. 

Hello Sharin

Thank you for your advice. What you said is the same thing that an attorney told me. And it is better to wait next year to apply because my chance to get approuved is very slim.

once again