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Victores

N400 application with a misdemeanor dismissed

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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....

 

 

 

 

 

 

 

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Posted (edited)

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 by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

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3? I thought it was 5.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You have a CIMT potentially.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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...

 

 

 

 


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Posted (edited)
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 by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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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. 

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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. 


Mailed: 4/17/2018

Delivered: 4/20/2018
Received: 5/20/2018 <<< as listed on NOA-1
Check cashed: 6/1/2018

NOA receipt dated: 5/30/18

NOA-1 received: 6/4/18 (with Typographic Error)
Error correction request : 6/5/18

Received NOA-2 : 6/20/2018 (Received by USCIS 4/20/2018 <<< as listed on NOA-2)
Received Biometrics Waiver : 2/22/2019
Approval via  Text / Email : 3/21/2019 (No Biometrics / No RFE / No Case Transfer)

https://docs.google.com/spreadsheets/d/1IUKuoR5xxDviiv7KgxOyg6IC8tsGG7SVD80w7V2S-Vk/edit#gid=0

 

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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 

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