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N-400 and a misdemeanor

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  • N-400 and a misdemeanor

    I had a Public intoxication charge after five years of clean history. It exactly happened when I went to watch a basketball game at a local sports bar. I normally do not drink, but my favorite team was winning and everyone was cheering.

    A month ago, after my court date decision of deferred dismissal with 180 day probation and a small fine of $195 in Texas, I contacted an immigration attorney and was informed I should not worry about it and to go ahead and apply for naturalization. However, the more I read in the forums I am still wondering if anyone could share similar experiences or if I have chances to be naturalized and what if I get denied. My attorney says it is not a big deal at all and I was just wondering.

    During all this time, I have been working two jobs and full-time school. I've never had any other issues.

    Thank you

  • #2
    You should always be honest with USCIS about all:
    • Arrests (even if you were not charged or convicted);
    • Convictions (even if your record was cleared or expunged);
    • Crimes you have committed for which you were not arrested or convicted;

    Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident. Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine less than $500 and/or points on your driver’s license.

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