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Niagara1

Applying For N-400 with prior Criminal record. Please help.

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Filed: F-2A Visa Country: Canada
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Hello everyone I need some advice from anyone in here hoping that someone can help me with my problem. Back in May 2019 I made a big mistake in my life. I was involved in the crime. It was label alternate at the retail store.  I found guilty and paid fine and cost on the hearing date (No Jail time and No probation). My case has been closed on July 2019. It was summary offence. I applied my N 400 Dec 2021 and gave my interview on Sep 2022. After few week later my case has been denied due to following issue.  

 

During the interview and review of your application with an Immigration Services Officer (Officer), you testified that the information on your Form N-400, along with any amendments made during the naturalization interview, and the documents submitted by you were true and correct. The record reflects that during the statutory period of December 2016 to the present you were arrested on May 2019 and charged with Retail Theft- After Label/Pricing Marking. 


You pleaded guilty and were sentenced to pay fines and costs.


To be eligible for naturalization, you must demonstrate that you are a person of good moral character. USCIS finds that the unlawful act you committed and were convicted of adversely reflects upon your moral character. Additionally, you have not established any extenuating circumstances that would warrant a departure from this finding. Since you have not established that you are a person of good moral character because of the crime you have committed, you are ineligible for naturalization at this time. See INA 101(f) and 316(a)(3) and Title 8, Code of Federal Regulations (8 CFR), section 316.10 (b)(3)(iii).

 

Now It has been over 5 years. Would you be guys advice me to re-apply again for the N 400 or do you guys want me to still wait ? 

GC received March 2017

Offence May 2019

Case closed July 2019

Applied N 400 Dec 2021

N 400 Denied Sep 2022. 

 

I will waiting your comments and suggestions. Please do the needful. Thanks in advance :)

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12 minutes ago, Niagara1 said:

Hello everyone I need some advice from anyone in here hoping that someone can help me with my problem. Back in May 2019 I made a big mistake in my life. I was involved in the crime. It was label alternate at the retail store.  I found guilty and paid fine and cost on the hearing date (No Jail time and No probation). My case has been closed on July 2019. It was summary offence. I applied my N 400 Dec 2021 and gave my interview on Sep 2022. After few week later my case has been denied due to following issue.  

 

During the interview and review of your application with an Immigration Services Officer (Officer), you testified that the information on your Form N-400, along with any amendments made during the naturalization interview, and the documents submitted by you were true and correct. The record reflects that during the statutory period of December 2016 to the present you were arrested on May 2019 and charged with Retail Theft- After Label/Pricing Marking. 


You pleaded guilty and were sentenced to pay fines and costs.


To be eligible for naturalization, you must demonstrate that you are a person of good moral character. USCIS finds that the unlawful act you committed and were convicted of adversely reflects upon your moral character. Additionally, you have not established any extenuating circumstances that would warrant a departure from this finding. Since you have not established that you are a person of good moral character because of the crime you have committed, you are ineligible for naturalization at this time. See INA 101(f) and 316(a)(3) and Title 8, Code of Federal Regulations (8 CFR), section 316.10 (b)(3)(iii).

 

Now It has been over 5 years. Would you be guys advice me to re-apply again for the N 400 or do you guys want me to still wait ? 

GC received March 2017

Offence May 2019

Case closed July 2019

Applied N 400 Dec 2021

N 400 Denied Sep 2022. 

 

I will waiting your comments and suggestions. Please do the needful. Thanks in advance :)

Because it's been over 5 years since your offense, you should be eligible to become a citizen after your application is approved. Of course, be prepared to document your criminal case and answer any questions.  

Edited by randomstairs
03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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