N400 Interview Prior Conviction

[rabbit10035 2]

Hello,

 

My N400 Interview is coming up next month June 21, I'm very worried as I don't know what to expect on my interview day due to my prior conviction back in September 2012 for Identity Theft Charge. I was charged and convicted for one count of Identity Theft and sentenced to 6 months in jailed, I was actually released at the court for credit for time served. I filed for 751 with all court documents for my conviction which was delayed for almost 2yrs due to my prior I was told supervisor need to go through my application for approval due to my past conviction, after almost 2yrs waiting, my 751 was approved November 2017. I filed for N400 July 15 2018 and I just received my interview noticed with mix feelings, I don't know what to expect on that day. Please any advice or tip would be appreciated and if anyone N400 with prior convictions was approved.

[VNN 147]

Be honest, keep your answers to the point. I did not have conviction but my uncle did,  assault with deadly weapon (knife).

 

His N-400 approval was about 5+ years ago. Not sure if criteria to toward past conviction at USCIS have changed.

[Loren Y 2,755]

It will depend on if it was a felony or a misdemeanor. If it was the lessor, you may just have a ban from citizenship, but you may have already passed that since it was in 2012. Here is an explanation below under what I think you would fall under as fraud/ theft is listed there, but if it was a felony time to lawyer up.

 

Crimes That Temporarily Bar Applicants From Citizenship

Some crimes make a person only temporarily ineligible for citizenship. If, after the date you committed the crime, you wait out the same number of years that you must have to meet your permanent residence requirement—typically five years, or three years for applicants married to and living with a U.S. citizen for all that time—you may be able to receive U.S. citizenship.

We say “may” because USCIS can still consider your past actions in reviewing your application—and choose to deny your application. But at least you will have a chance to prove that the good side of your character outweighs your past bad acts.

Here is a summary list of the crimes that make you temporarily ineligible for citizenship:

• You operated a commercial vice enterprise—for example, were a prostitute, ran a call-girl ring, or sold pornography.
• You participated in illegal vice activities—for example, hired a prostitute.
• You have been convicted of or admitted to a crime involving moral turpitude, such as fraud.
• You spent 180 days or more in jail or prison for any crime.
• You committed any crime related to illegal drugs other than a single offense involving 30 grams or less of marijuana. (Note also that, even without a criminal conviction, admitting to using marijuana or being part of the marijuana production industry can block your application for citizenship on good moral character grounds, regardless of whether its use is legal in your state; see Chapter 5 of the USCIS Policy Manual.) Also see Risks of Applying for Naturalized U.S. Citizenship: Denial or Even Deportation.
• You have been convicted of two or more crimes, the combination of which got you a total prison sentence of five years or more.
• You get most of your income from illegal gambling or have been convicted of two or more gambling crimes.

The crimes on this list prevent you from establishing the necessary good moral character during the required period (three or five years).

If anything on your record remotely resembles a crime on the list above, see a lawyer. The lawyer can determine whether you will have a problem applying for citizenship and confirm how many years you should wait after the conviction date before you apply.

Edited May 19, 2019 by Loren Y

[Going through 5,671]

Since the 2012 conviction, have you had any other arrests/criminal violations?

Are you still under open probation?

Did you again disclose the arrest/submit documentation about the arrest on your N400?

 

Identity Theft can be considered a CIMT (depends on circumstances), but you will fall under the "petty offense exception" if the following is true:

 

-this was your only criminal conviction, AND

-your sentence resulted in jail time of no more than 6 months, AND

-the maximum penalty possible for the crime committed does not exceed imprisonment for 1 year (regardless of the actual sentence you received/served).

 

Be prepared to be questioned regarding any court-certified documentation about your arrest/final disposition/release at your N400 interview.  After the interview, if the IO recommends you for approval, your N400 will be reviewed by a supervisor (due to the criminal history, all recommended approvals have to undergo supervisor review first).

 

Be honest with any questions surrounding your crime, relax and breathe, and good luck.

Note, however, if you are still under any open probation by the time your N400 is adjudicated, it will result in an automatic denial by USCIS policy.

 

Edited May 19, 2019 by Going through

[JFH 12,190]

*~*~*moved from “progress reports” to “US citizenship general discussion” as question pertains to procedures. Duplicate thread removed*~*~*

[rabbit10035 2]

23 hours ago, VNN said:

Be honest, keep your answers to the point. I did not have conviction but my uncle did,  assault with deadly weapon (knife).

 

His N-400 approval was about 5+ years ago. Not sure if criteria to toward past conviction at USCIS have changed.

 

Thank you for the tip.