Criminal record and N-400

[pailo]

Hi:

I am close to being 5 years in the USA. I have a few questions about the naturalization process.

1) my Legal Permanent Resident (LPR) date August 19, 2010...i heard that I can submit my application for naturalization 90 days before i have been 5 years total as a LPR . Is this true?

2) when i submited my application for LPR i had to disclose that i had a conviction for furnishing alcohol to a minor in 2002 and the case was dismissed in 2004. do I have to disclose this again on my N-400?, since my green card application has this on file probably? N-400 Section 11 (additional information) questions 22- 26 i assume i have to respond "yes" to all of those questions. Long story short...I failed a sting test from the liquor control board at the time where i worked as a clerck at a convinience store. Could this affect my Naturalization process?

3) how long will all the process take from the moment i file to get my citizenship? i have to file in the Dallas TX center.

Thanks for any help to this inquiry

[turismo568]

Hi:

I am close to being 5 years in the USA. I have a few questions about the naturalization process.

1) my Legal Permanent Resident (LPR) date August 19, 2010...i heard that I can submit my application for naturalization 90 days before i have been 5 years total as a LPR . Is this true?

2) when i submited my application for LPR i had to disclose that i had a conviction for furnishing alcohol to a minor in 2002 and the case was dismissed in 2004. do I have to disclose this again on my N-400?, since my green card application has this on file probably? N-400 Section 11 (additional information) questions 22- 26 i assume i have to respond "yes" to all of those questions. Long story short...I failed a sting test from the liquor control board at the time where i worked as a clerck at a convinience store. Could this affect my Naturalization process?

3) how long will all the process take from the moment i file to get my citizenship? i have to file in the Dallas TX center.

Thanks for any help to this inquiry

1) Yes this is true. They have a calculator here: http://www.uscis.gov/sites/default/f...alculator.html and based on the date you gave of 08/19/2010 the earliest date you can file is 05/21/2015

You may file Form N-400 ninety (90) calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:
•Permanent resident for at least 5 years; or
•Permanent resident for at least 3 years if you are married to a US citizen.

To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a permanent resident. For example, if the date on your Permanent Resident Card says “July 4, 2006,” you meet the 5 year permanent resident requirement on “July 4, 2011.” If you have met all other eligibility requirements, you may file your completed Form N-400 90 days before “July 4, 2011.” The earliest date you may apply for naturalization would be “April 5, 2011.”

2) Yes even if the case was closed/dismissed you still have to report it on the N400 and send proper documentation showing that it was dismissed. Some courts allow you to search cases online and print the status/outcome of the case DO NOT SEND THAT PRINTOUT. USCIS wants certified documents not webpage printouts. You can read more on this here: http://www.uscis.gov/policymanual/HT...-Chapter3.html or http://www.uscis.gov/policymanual/HT...-Chapter2.html or http://www.uscis.gov/policymanual/HT...e12-PartF.html

A. Applicant Testimony

Issues relevant to the GMC requirement may arise at any time during the naturalization interview. The officer’s questions during the interview should elicit a complete record of any criminal, unlawful, or questionable activity in which the applicant has ever engaged regardless of whether that information eventually proves to be material to the GMC determination.


The officer should take into consideration the education level of the applicant and his or her knowledge of the English language. The officer may rephrase questions and supplement the inquiry with additional questions to better ensure that the applicant understands the proceedings. [1]


The officer must take a sworn statement from an applicant when the applicant admits committing an offense for which the applicant has never been formally charged, indicted, arrested or convicted. [2]

B. Court Dispositions


In general, an officer has the authority to request the applicant to provide a court disposition for any criminal offense committed in the United States or abroad to properly determine whether the applicant meets the GMC requirement. USCIS requires applicants to provide court dispositions certified by the pertinent jurisdiction for any offense committed during the statutory period. In addition, USCIS may request any additional evidence that may affect a determination regarding the applicant’s GMC. The burden is on the applicant to show that an offense does not prevent him or her from establishing GMC.


An applicant is required to provide a certified court disposition for any arrest involving the following offenses and circumstances, regardless of whether the arrest resulted in a conviction:


•Arrest for criminal act committed during the statutory period;


•Arrest that occurred on or after November 29, 1990, that may be an aggravated felony; [3]


•Arrest for murder;


•Arrest for any offense that would render the applicant removable;


•Arrest for offenses outside the statutory period, if when combined with other offenses inside the statutory period, the offense would preclude the applicant from establishing GMC; and


•Arrest for crime where the applicant would still be on probation at the time of adjudication of the naturalization application or may have been incarcerated for 180 days during the statutory period.

These procedures are not intended to limit the discretion of any officer in requesting documentation that the officer needs to properly assess an applicant’s GMC.


In cases where a court disposition or police record is not available, the applicant must provide original or certified confirmation that the record is not available from the applicable law enforcement agency or court.


C. Failure to Respond to Request for Evidence


In cases where the initial naturalization examination has already been conducted, the officer should adjudicate the naturalization application on the merits where the applicant fails to respond to a request for additional evidence. [4] The officer should not deny the application for lack of prosecution after the initial naturalization examination. [5]

3) According to USCIS the Dallas office is experiencing a delay: https://egov.uscis.gov/cris/processingTimesDisplay.do So it may take over 5 months