N-400 Naturalization Interview while still on DUI Probation, please help!

[rad21 1]

Hello everyone, 

So shortly I got stopped and charged with DUI mid October 2014 ( I will regret it forever and know it will never happen again). Case has been going on till April 2015 with conviction date of April 30th 2015 and my 3 year probation started which should end in April 2018 if no action taken. On April 30th 2017 time to send paperwork for n-400 came and I sent my package being uninformed that I can not be naturalized while being on probation. On October 27th I got email stating that my interview was scheduled (guessing it will happen by the end of November). Since I got an information that I can't be on probation I have started working with my dui lawyer to terminate probation earlier and now I will have some news about that on November 17th (so slight chance that it will be done right before interview if I have good luck with timing) but my lawyer is saying that it is low chance because it is very conservative court and Judge will not grant early termination.

 

So here comes a question, if still on probation on a time of interview should I just give a try and maybe interviewing officer will accept my case?

(heard situations like this that people were passing interview while still on probation and everything was good, I am guessing it is a discretion of officer and probably probation must be almost over and everything must be ok but this is exackly how it looks like with my case!) 

 

Or should I just try to reschedule?

Problem is that I heard if I reschedule it only gives me 1 or 1,5 month time and I need 5 months of this being postponed to have interview being end of April or May (which is exackly 1 year after sending my n400 package) 

 

What happens in a case when I appear on interview while on probation and will be denied?

Do I have to start all over again with new documents or can use old ones, any parts which I pass during interview will be accepted and I just need to send paperwork that I am done with probation?

 

Or it is just completely start from blank page, new docs, fingerprints, months of waiting and interview like nothing happened before?

 

Please let me know if there is somebody out there who had similar experience and could give me some advice or just somebody who has some good verified info

 

In advance Thank You All for you time and help!

 

Best Wishes!

 

[Hypnos 6,578]

From the USCIS policy manual, Volume 12, "Citizenship and Naturalization", Chapter 2, Section D, "Effect of Probation":

 

"An officer may not approve a naturalization application while the applicant is on probation, parole, or under a suspended sentence."

 

There is no discretion in this area; your application cannot be approved until you have successfully completed probation.

Edited October 29, 2017 by Hypnos

[NYCruiser 423]

36 minutes ago, rad21 said:

Hello everyone, 

So shortly I got stopped and charged with DUI mid October 2014 ( I will regret it forever and know it will never happen again). Case has been going on till April 2015 with conviction date of April 30th 2015 and my 3 year probation started which should end in April 2018 if no action taken. On April 30th 2017 time to send paperwork for n-400 came and I sent my package being uninformed that I can not be naturalized while being on probation. On October 27th I got email stating that my interview was scheduled (guessing it will happen by the end of November). Since I got an information that I can't be on probation I have started working with my dui lawyer to terminate probation earlier and now I will have some news about that on November 17th (so slight chance that it will be done right before interview if I have good luck with timing) but my lawyer is saying that it is low chance because it is very conservative court and Judge will not grant early termination.

 

So here comes a question, if still on probation on a time of interview should I just give a try and maybe interviewing officer will accept my case?

(heard situations like this that people were passing interview while still on probation and everything was good, I am guessing it is a discretion of officer and probably probation must be almost over and everything must be ok but this is exackly how it looks like with my case!) 

 

Or should I just try to reschedule?

Problem is that I heard if I reschedule it only gives me 1 or 1,5 month time and I need 5 months of this being postponed to have interview being end of April or May (which is exackly 1 year after sending my n400 package) 

 

What happens in a case when I appear on interview while on probation and will be denied?

Do I have to start all over again with new documents or can use old ones, any parts which I pass during interview will be accepted and I just need to send paperwork that I am done with probation?

 

Or it is just completely start from blank page, new docs, fingerprints, months of waiting and interview like nothing happened before?

 

Please let me know if there is somebody out there who had similar experience and could give me some advice or just somebody who has some good verified info

 

In advance Thank You All for you time and help!

 

Best Wishes!

 

Withdraw and refile after the probation is over in April 2018. You have lost your N-400 fee unfortunately.

[rad21 1]

 

23 minutes ago, Hypnos said:

From the USCIS policy manual, Volume 12, "Citizenship and Naturalization", Chapter 2, Section D, "Effect of Probation":

 

"An officer may not approve a naturalization application while the applicant is on probation, parole, or under a suspended sentence."

 

There is no discretion in this area; your application cannot be approved until you have successfully completed probation.

Thanks for your fast reply, from the quote you gave with word "may not" sounds like he also may approve it... 

 

 

[rad21 1]

10 minutes ago, NYCruiser said:

Withdraw and refile after the probation is over in April 2018. You have lost your N-400 fee unfortunately.

Thanks for your imput! 

What do you mean by "withdraw" , how can you do that?

Calling and saying that I would like to withdraw my application? 

[Hypnos 6,578]

11 minutes ago, rad21 said:

Thanks for your fast reply, from the quote you gave with word "may not" sounds like he also may approve it... 

I disagree. In this context, "may not" = "cannot".

[rad21 1]

1 minute ago, Hypnos said:

I disagree. In this context, "may not" = "cannot".

Gotcha, what would be your advice then? Since I have my interview scheduled, can I try to reschedule it and if it is still not time keep rescheduling it if possible? 

Other way just go there with knowing that it will not go through and reapply right after since my another interview will not be earlier then 6 months from the time I apply again so it will be after the date when my probation ends? 

Thx!

[Hypnos 6,578]

I'm unsure as to whether your application has to be approvable on the day you file it (so you cannot file when ineligible, as you are now, and then remove that ineligibility down the line and still be approved). It does for an I-485, and that may also be the case with an N-400, but I don't know for sure. Hopefully someone else does.

[NYCruiser 423]

3 hours ago, rad21 said:

Thanks for your imput! 

What do you mean by "withdraw" , how can you do that?

Calling and saying that I would like to withdraw my application? 

Not sure how one withdraws. Maybe other VJers can input here? When you get the interview date, maybe just go and tell them upfront? Not sure

[milimelo 4,554]

Send the withdrawal letter to the field office that has your case. Your interview letter has the address on- send it there. 

[Moxa1989 21]

On 10/28/2017 at 9:12 PM, rad21 said:

Hello everyone, 

So shortly I got stopped and charged with DUI mid October 2014 ( I will regret it forever and know it will never happen again). Case has been going on till April 2015 with conviction date of April 30th 2015 and my 3 year probation started which should end in April 2018 if no action taken. On April 30th 2017 time to send paperwork for n-400 came and I sent my package being uninformed that I can not be naturalized while being on probation. On October 27th I got email stating that my interview was scheduled (guessing it will happen by the end of November). Since I got an information that I can't be on probation I have started working with my dui lawyer to terminate probation earlier and now I will have some news about that on November 17th (so slight chance that it will be done right before interview if I have good luck with timing) but my lawyer is saying that it is low chance because it is very conservative court and Judge will not grant early termination.

 

So here comes a question, if still on probation on a time of interview should I just give a try and maybe interviewing officer will accept my case?

(heard situations like this that people were passing interview while still on probation and everything was good, I am guessing it is a discretion of officer and probably probation must be almost over and everything must be ok but this is exackly how it looks like with my case!) 

 

Or should I just try to reschedule?

Problem is that I heard if I reschedule it only gives me 1 or 1,5 month time and I need 5 months of this being postponed to have interview being end of April or May (which is exackly 1 year after sending my n400 package) 

 

What happens in a case when I appear on interview while on probation and will be denied?

Do I have to start all over again with new documents or can use old ones, any parts which I pass during interview will be accepted and I just need to send paperwork that I am done with probation?

 

Or it is just completely start from blank page, new docs, fingerprints, months of waiting and interview like nothing happened before?

 

Please let me know if there is somebody out there who had similar experience and could give me some advice or just somebody who has some good verified info

 

In advance Thank You All for you time and help!

 

Best Wishes!

 

my advice, is keep rescheduling, that way you don't loose your fee,  

[mhis82 13]

On ‎10‎/‎28‎/‎2017 at 9:12 PM, rad21 said:

Hello everyone, 

So shortly I got stopped and charged with DUI mid October 2014 ( I will regret it forever and know it will never happen again). Case has been going on till April 2015 with conviction date of April 30th 2015 and my 3 year probation started which should end in April 2018 if no action taken. On April 30th 2017 time to send paperwork for n-400 came and I sent my package being uninformed that I can not be naturalized while being on probation. On October 27th I got email stating that my interview was scheduled (guessing it will happen by the end of November). Since I got an information that I can't be on probation I have started working with my dui lawyer to terminate probation earlier and now I will have some news about that on November 17th (so slight chance that it will be done right before interview if I have good luck with timing) but my lawyer is saying that it is low chance because it is very conservative court and Judge will not grant early termination.

 

So here comes a question, if still on probation on a time of interview should I just give a try and maybe interviewing officer will accept my case?

(heard situations like this that people were passing interview while still on probation and everything was good, I am guessing it is a discretion of officer and probably probation must be almost over and everything must be ok but this is exackly how it looks like with my case!) 

 

Or should I just try to reschedule?

Problem is that I heard if I reschedule it only gives me 1 or 1,5 month time and I need 5 months of this being postponed to have interview being end of April or May (which is exackly 1 year after sending my n400 package) 

 

What happens in a case when I appear on interview while on probation and will be denied?

Do I have to start all over again with new documents or can use old ones, any parts which I pass during interview will be accepted and I just need to send paperwork that I am done with probation?

 

Or it is just completely start from blank page, new docs, fingerprints, months of waiting and interview like nothing happened before?

 

Please let me know if there is somebody out there who had similar experience and could give me some advice or just somebody who has some good verified info

 

In advance Thank You All for you time and help!

 

Best Wishes!

 

I am in same situation, I am also on probation and my interview is in this month. In my case, the crime happened ( NOT a CIMT ) long after I filed for N400.

And my probation will end Feb, 2018.

If you cancel the interview , they gona put you right back in for another interview like they did to me.

I really like to know whats gona happen...When is your interview?

[mhis82 13]

On ‎10‎/‎28‎/‎2017 at 10:00 PM, rad21 said:

 

Thanks for your fast reply, from the quote you gave with word "may not" sounds like he also may approve it... 

 

 

You are right, It doesn't say they will deny you, IO may choose to give you an opportunity and wait till your probation is over.

Case cant be approved while you on probation, this doesn't mean they will deny you...

 

[rad21 1]

3 hours ago, mhis82 said:

I am in same situation, I am also on probation and my interview is in this month. In my case, the crime happened ( NOT a CIMT ) long after I filed for N400.

And my probation will end Feb, 2018.

If you cancel the interview , they gona put you right back in for another interview like they did to me.

I really like to know whats gona happen...When is your interview?

What do you mean if you cancel your interview they put you for next one right after?

Do you mean reschedule interview? 

Also have you already done it as you saying they did that to you.

Could you please explain more? 

Thanks! 

 

Just got update that letter was sent on October 27th hasn’t gotten it yet but I’m guessing end of the month...

[mhis82 13]

I tried to reschedule my interview, they cancel it but sent me another letter after a week that my new interview is on Nov 27. So it just delayed for month and half.

But that might not be case in your local office, they might be really busy and delay you for 6 months , who knows?

You can just try to reschedule it once and see what happen?