N400 with minor criminal record

[IowacityGuy 152]

1 minute ago, MyJourney said:

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.

I am not saying it's a easy route to get citzenship but as per books and lawyers experiences person who is married to US citizen has to maintain three years gmc period.. only time they will look back more then three when person has not rehabilitated and keeps on repeating mistakes.. Also, it's not a self doing thing too.. I am gonna have to hire lawyer and take him along during the interview.. 

[IowacityGuy 152]

8 minutes ago, MyJourney said:

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.

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

BecUse I got no answer from here that's why I had to pay!! 😊 Look at it when I posted.. 

[MyJourney 276]

1 hour ago, abhatia315 said:

I am not saying it's a easy route to get citzenship but as per books and lawyers experiences person who is married to US citizen has to maintain three years gmc period.. only time they will look back more then three when person has not rehabilitated and keeps on repeating mistakes.. Also, it's not a self doing thing too.. I am gonna have to hire lawyer and take him along during the interview.. 

I think we are saying the same thing in two different ways. You can and are eligible to apply and you should. Especially given the fact it is a single mistake from a long time ago (at least 3 years ago).
Having one single incident does not automatically disqualify you unless it is a big and serious crime. If the incident happened within 5 years from the date you are trying to naturalize, it will be at the discretion of the USCIS officer to assess and decide you have a gmc or not. If it happened 5 years ago, on the other hand, it is not out of the equation altogether. That is the point I was trying to make.

[IowacityGuy 152]

9 hours ago, MyJourney said:

I think we are saying the same thing in two different ways. You can and are eligible to apply and you should. Especially given the fact it is a single mistake from a long time ago (at least 3 years ago).
Having one single incident does not automatically disqualify you unless it is a big and serious crime. If the incident happened within 5 years from the date you are trying to naturalize, it will be at the discretion of the USCIS officer to assess and decide you have a gmc or not. If it happened 5 years ago, on the other hand, it is not out of the equation altogether. That is the point I was trying to make.

Yes!! U r right.. technically we r stating same point in different forms.. it's just I am so confused with this process.. I have never been depressed in my life until I started this uscis journey.. well again as per lawyer I should give a try and I have higher chances of getting approval since simple assault is not moral triptitude.. rest up to my luck and destiny.. will give a shot otherwise waiting two years won't harm me..

[MyJourney 276]

8 hours ago, abhatia315 said:

Yes!! U r right.. technically we r stating same point in different forms.. it's just I am so confused with this process.. I have never been depressed in my life until I started this uscis journey.. well again as per lawyer I should give a try and I have higher chances of getting approval since simple assault is not moral triptitude.. rest up to my luck and destiny.. will give a shot otherwise waiting two years won't harm me..

I understand you, I have a misdemeanor on my record as well. I have to tell you though, lawyers can only help you with preparing a good application, nothing more. This is not a legal process and they cannot be a legal counsel, since there is literally no need for it. An attorney have literally no powers to influence the process or change the immigration officer's decision-making process legally.
If the officer is going to deny your application, there is nothing a lawyer can do other than challenge the decision legally afterwards, again, according to the USCIS rules and guidelines.
So, unless you don't know how to properly fill out an application and cannot properly communicate in English, there is no vital need for a lawyer.

[Joao aguiar nato 4]

On 7/7/2017 at 9:46 PM, abhatia315 said:

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

What was you charge? I also had Minor criminal record and I passed all the USCIS REQUIREMENTS. Maybe I can help you.

[IowacityGuy 152]

10 hours ago, Rodrigo Macedo said:

What was you charge? I also had Minor criminal record and I passed all the USCIS REQUIREMENTS. Maybe I can help you.

Hey!! I have simple assault on my record.. it's not crime of moral truptitude.. max sentence in jail is one month.. all I paid $65 fine.. and six months probation.. 

On 7/11/2017 at 7:48 PM, MyJourney said:

I understand you, I have a misdemeanor on my record as well. I have to tell you though, lawyers can only help you with preparing a good application, nothing more. This is not a legal process and they cannot be a legal counsel, since there is literally no need for it. An attorney have literally no powers to influence the process or change the immigration officer's decision-making process legally.
If the officer is going to deny your application, there is nothing a lawyer can do other than challenge the decision legally afterwards, again, according to the USCIS rules and guidelines.
So, unless you don't know how to properly fill out an application and cannot properly communicate in English, there is no vital need for a lawyer.

Thank you 😊😊 I hope things workout for both of us.. 

[Joao aguiar nato 4]

11 hours ago, abhatia315 said:

Hey!! I have simple assault on my record.. it's not crime of moral truptitude.. max sentence in jail is one month.. all I paid $65 fine.. and six months probation.. 

Thank you 😊😊 I hope things workout for both of us.. 

Bother I had 3 assault and battery and few driving without license. a lawyer has no power over a IO YES, but having a lawyer with you is better since you have a criminal record. I paid a lawyer thru my whole process and its worthy though. it show that you are serious about your case.

well I as stupid and young and I regret the things I did. 

HAVE A LAWYER.

 

GOOD LUCK!

[IowacityGuy 152]

2 minutes ago, Rodrigo Macedo said:

Bother I had 3 assault and battery and few driving without license. a lawyer has no power over a IO YES, but having a lawyer with you is better since you have a criminal record. I paid a lawyer thru my whole process and its worthy though. it show that you are serious about your case.

well I as stupid and young and I regret the things I did. 

HAVE A LAWYER.

 

GOOD LUCK!

That's correct!! I am Only hiring lawyer so I don't make any mistake on my application.. I don't think I am going to take lawyer along with me at interview he has no  power.. 😊 I mad e stupid mistake too on New Years eves which I regret to the point.. 

[Joao aguiar nato 4]

2 minutes ago, abhatia315 said:

That's correct!! I am Only hiring lawyer so I don't make any mistake on my application.. I don't think I am going to take lawyer along with me at interview he has no  power.. 😊 I mad e stupid mistake too on New Years eves which I regret to the point.. 

DUI?

[IowacityGuy 152]

4 minutes ago, Rodrigo Macedo said:

DUI?

No bro!! Simple assualt.. 😔 Went to party on New Year's Eve.. some drunk guy pushed my wife and I pushed him back really hard.. that's alll.. since it was New Years cops were really alert and arrested both of us.. my wife got hurt too.. so dv because my wife got a scratch.. but that was later taken care of and I didn't got DV conviction 

[Joao aguiar nato 4]

4 minutes ago, abhatia315 said:

No bro!! Simple assualt.. 😔 Went to party on New Year's Eve.. some drunk guy pushed my wife and I pushed him back really hard.. that's alll.. since it was New Years cops were really alert and arrested both of us.. my wife got hurt too.. so dv because my wife got a scratch.. but that was later taken care of and I didn't got DV conviction 

DONT WORRY MAN, you will be fine.... make sure you dont have anything else. and bring proof with you.

like a discharge case stamped by the court house. Im sure you will be fine. Just tell the Io the truth and you will be fine.

 

My case i had 3  all in High school. I was  bully a lot and coming from brasil, i used to handle things different than   here in America.

I explain all the cases to my IO i said i was young and stupid and that was it. He said: I only cares  about your last 5 years as a LPR.