N400 with minor criminal record

[IowacityGuy 152]

I like to know anyone has applied for N400 application with some sort of criminal record in there application? I tried hiring for a lawyer but I hardly see any good attorney in my state (Iowa). I like to know experiences of people who went for naturalisation process? I have a conviction of simple assault on my application and very confused about this process

[abhi_meli 150]

As I see,you entered USA this year. I think you did not even lift conditions yet. Your N400 is due in 2019? 

[IowacityGuy 152]

1 minute ago, gajbaldauri said:

As I see,you entered USA this year. I think you did not even lift conditions yet. Your N400 is due in 2019? 

oh yeah!!! its due in 2019.. just gathering information from applicants so when time comes it can be a smooth process. I had a run in law enforcement before I became permanent resident..

[abhi_meli 150]

Ohk! Yeah it is better to be prepared in advance then running around later. I sent you a private message.

[Starkilla09 366]

If the offense had a conviction and affects the moral character requirement for naturalization, you won't be able to naturalize until 5 years has passed since occurrence and you have been a person of good moral character since then. Consult with an immigration attorney.

[IowacityGuy 152]

3 hours ago, Starkilla09 said:

If the offense had a conviction and affects the moral character requirement for naturalization, you won't be able to naturalize until 5 years has passed since occurrence and you have been a person of good moral character since then. Consult with an immigration attorney.

Yeah that's correct but I guess in case of married to us citizen it's three years waiting period instead of 5 years.. 

[NigeriaorBust 4,087]

  The 5 years of good character does not have any shortcuts for being married to a USC. 

[IowacityGuy 152]

Just now, NigeriaorBust said:

  The 5 years of good character does not have any shortcuts for being married to a USC. 

 

Just now, NigeriaorBust said:

  The 5 years of good character does not have any shortcuts for being married to a USC. 

No that's wrong!! I have clearly done reasearch and consulted immigration attorneys..and actually got my case evaluated and paid money..your GMC period drops to three years when u r married to us citizen..

[NigeriaorBust 4,087]

 That is when you haven't done anything bad since you got your visa.  If your issue is post green card than you need five years.  It is like the people that don't register for selective service.  You need 5 years of good behavior.  I assumed your issue was after your green card.

[IowacityGuy 152]

4 minutes ago, NigeriaorBust said:

 That is when you haven't done anything bad since you got your visa.  If your issue is post green card than you need five years.  It is like the people that don't register for selective service.  You need 5 years of good behavior.  I assumed your issue was after your green card.

My issue was before I got my green card but again GMC is 3 years for married to US citizen not 5 years.. 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter2.html#S-A

[MyJourney 276]

OK. Let us assume you and I have broken the law in exactly the same way. I, as a person who is naturalizing on my own (without marriage to a US citizen), have to wait 5 years to show "good moral character" and you need to wait 3 years just because you are married to a USC?
Am I right?

[MyJourney 276]

You are misreading it.
I have to wait 5 years in order to apply for citizenship.
You have to wait 3 years in order to apply for citizenship.
Only in this case, the exception to the statutory period of 5 years applies in your case, since you are eligible to apply for citizenship after 3 years and they make the exception so that you don't have to sit around two more years just to meet the statutory requirement.
However, if you commited a crime or misdemeanor during this 3-year wait period, you need to wait 5 years in order to prove that it was a one-off mistake not a habit or a character trait.
Of course, you are STILL eligible to apply after three years even with your criminal or misdemeanor record. But it does not relieve you from the gmc scrutiny. You are off the gmc scrutiny only after 5 years have passed since the incident and there were no repeated or similar incidents since then.

Edited July 10, 2017 by MyJourney

[IowacityGuy 152]

4 minutes ago, MyJourney said:

OK. Let us assume you and I have broken the law in exactly the same way. I, as a person who is naturalizing on my own (without marriage to a US citizen), have to wait 5 years to show "good moral character" and you need to wait 3 years just because you are married to a USC?
Am I right?

First of all, anyone married to us citizen is allowed to file for citizenship 2 years early then the only who is doing on there own.. so look back period which also knows as GMC period or Statutory period is 3 years for who is married to us citizen.. I am just going by the books.. also what immigration lawyers told

me.. 

[IowacityGuy 152]

You totally misread my post too.. my crime was way before even I got the green card.. so I am still eligible to file in thee years as I didn't happen during my GMs period.. plus I am pretty sure look back period is three years because I got vefired from uscis too.. I didn't mis read anything.. I paid to got my answers.. 

[MyJourney 276]

1 minute ago, abhatia315 said:

First of all, anyone married to us citizen is allowed to file for citizenship 2 years early then the only who is doing on there own.. so look back period which also knows as GMC period or Statutory period is 3 years for who is married to us citizen.. I am just going by the books.. also what immigration lawyers told

me.. 

if you married after the crime, i.e. if the incident happened while you were under different non-immigrant visa, maybe you can apply and say you are "clean" for 3 years of marriage. But still, when you have a crime/misdemeanor on record and 5 years have not passed since the incident date, your gmc is under scrutiny. It does not mean automatic disqualification, but it is a thin ice to walk on.

Just now, abhatia315 said:

You totally misread my post too.. my crime was way before even I got the green card.. so I am still eligible to file in thee years as I didn't happen during my GMs period.. plus I am pretty sure look back period is three years because I got vefired from uscis too.. I didn't mis read anything.. I paid to got my answers.. 

if you have paid for answers, why are you asking it here again?