N400 Denials - Statistics

[kiwirst 39]

Is there any stats out there that show denials because of misdemeanor offences? Or any other minor offence?

 

I am trying to collect everything, applying soon and I am over 3 years from the end of my probation, offence was over 6 years ago but court dates/appeals are at 5 years.

[USS_Voyager 1,971]

1 hour ago, kiwirst said:

Is there any stats out there that show denials because of misdemeanor offences? Or any other minor offence?

 

I am trying to collect everything, applying soon and I am over 3 years from the end of my probation, offence was over 6 years ago but court dates/appeals are at 5 years.

What was the offense?

[kiwirst 39]

I was arrested for DUI in 2013, convicted in 2014 and reduced to wet reckless on appeal. Completed probation and haven't anything since that mistake.

[Boiler 43,433]

My recollection is that you need 5 years GMC.

[afrocraft 313]

As a general rule, you'd want your conviction and the entirety of your sentence/probationary period to fall outside of the "statutory period" for good moral character. The SP depends on your basis for filing for naturalization -- generally five years from your application date, or three years if you're applying on an accelerated basis (e.g., as a spouse of a US citizen).

[kiwirst 39]

1 minute ago, afrocraft said:

As a general rule, you'd want your conviction and the entirety of your sentence/probationary period to fall outside of the "statutory period" for good moral character. The SP depends on your basis for filing for naturalization -- generally five years from your application date, or three years if you're applying on an accelerated basis (e.g., as a spouse of a US citizen).

I've seen this quoted before, please explain clearly.

When does SP start?

Applying as a spouse of a US citizen. If my application date is 12/1/2019 for example is that inside or outside the SP? Which application date is it? Permanent Resident or Naturalization?

[afrocraft 313]

1 minute ago, kiwirst said:

I've seen this quoted before, please explain clearly.

When does SP start?

Applying as a spouse of a US citizen. If my application date is 12/1/2019 for example is that inside or outside the SP? Which application date is it? Permanent Resident or Naturalization?

Then count back 3 calendar years from your filing date for naturalization (add a few weeks more -- earlier -- in case you miscalculate). The SP is the time from that date to the date USCIS receives your application. You want your record to be "clean" during that period. USCIS will still consider your conviction/probation outside the SP, but they weigh less than those within the SP.

[afrocraft 313]

18 minutes ago, kiwirst said:

 If my application date is 12/1/2019 for example is that inside or outside the SP? Which application date is it? Permanent Resident or Naturalization?

If you assume USCIS will receive your application on 12/1/2019 (the filing date), your SP is 12/1/2016 to 12/1/2019 but play it safe and assume it begins, say, on 11/15/2016. Make sure, then, that you'd completed your probationary period by 11/15/2016, or delay your application.

[kiwirst 39]

Thank you for explaining that, my probationary period ended late August 2016. Filing on marriage basis.

[geowrian 22,335]

17 hours ago, kiwirst said:

Thank you for explaining that, my probationary period ended late August 2016. Filing on marriage basis.

I'd generally suggest filing under the 5 year if eligible - less paperwork and criteria. Just be sure to do so after the statuary period. Plus if something happens (knock on wood) and you get divorced midway through the process, you would be denied as a result. Not the biggest concern versus a divorce, but not optimal either.

Edit: Just saw the year here, sorry. The probationary period appears to be within the 5 year's statuary period, so the 3 Edit 2 (thanks afrocraft): 5 year rule is not suggested.

 

Also note that a DUI in itself is not a bar for naturalization. The specifics matter, such as if there were children involved, if other crimes were involved (i.e. driving w/o a valid license, leaving the scene, etc.), and so on. It's better to have that out of the statuary period, but I just wanted to relay that having one even inside it does not guarantee a denial by any means either.

Edited November 14, 2019 by geowrian

[kiwirst 39]

Thanks geowrian, there was nothing else that happened, no accident, no injuries, no one else involved so hopefully that helps.

[geowrian 22,335]

5 minutes ago, kiwirst said:

Thanks geowrian, there was nothing else that happened, no accident, no injuries, no one else involved so hopefully that helps.

Good.

Note the timeline, though. I edited my response above.

[kiwirst 39]

I believe the 5 year period is for general naturalization applications whereas spouses of us citizens fall into the following:

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

 

It does state in general terms that spouses fall under the general requirements but the exception is listed below that links to the above policy:

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-1#footnote-3

 

Ideally I should wait the 5 years but it does state 3 for spouses. Now I could submit based on 3 years but I assume that the USCIS could decide to go by the 5 year period.

Edited November 14, 2019 by kiwirst
Spelling

[kiwirst 39]

With that being said, what happens to applications that have something like mine within the 5 year SP period, do they get rejected more often than not? Do they have more issues?

[afrocraft 313]

16 hours ago, geowrian said:

Edit: Just saw the year here, sorry. The probationary period appears to be within the 5 year's statuary period, so the 3 year rule is not suggested.

Huh? If s/he applies under the 5-year rule, the probation would fall within the 5-year SP, and the risk of denial increases.

 

1 hour ago, kiwirst said:

With that being said, what happens to applications that have something like mine within the 5 year SP period, do they get rejected more often than not? Do they have more issues?

It's difficult to say. Depends on the nature and severity of the incident, any extenuating factors that happened before the incident, and your overall conduct (not just DUI related) since the incident. Much is at the discretion of USCIS, but they apply that discretion in a structured way.

 

Again, if you file as a spouse of a US citizen, you are required to show good moral character in the last 3 years prior to filing, not 5.

Edited November 14, 2019 by afrocraft