I had a similar situation. I, too, had been convicted of misdemeanors, but mine were DWIs (1998 and 1999) with probation ended in 4/2003.
Originally Posted by chirag11
Well, I applied for N400 for the first time back in 2000 and it was denied due to lack of moral character since I was still in my probationary period for the second DWI. Now that my probation is over, I decided to reapply.
When my probation was over in 4/2003, I could've reapplied then, but I waited until 7/2007 to reapply in recommendation of a lawyer (I didn't hire him, but I did go to a one-time consultation for $200 fee). He stated that even though you're off probation and if you apply right away, a mean immigration officer can still use the fact that you were in probation in the last 5 years = lack of good moral character!
This lawyer recommended that, "to be safe", I should wait for 5 years had past from the end of my probation to reapply so the USCIS can't use the lack of 5-year good moral character to deny my application. Well, that's exactly what I did and I interview in 5 days so I will let you know how it will turn out.
I have two misdemeanors, you have only have one. In my opinion, DWI is much more serious offense and worse than shop lifting. If my application gets approved, then I don't think you'll have a problem unless, like I said earlier, you apply now and get an immigration office that is a dick when you interview and denies your application with "lack of good moral character" because you were still on probation in the last 5 years.
Last edited by shie0023; 27th March 2008 at 05:21 AM.
7/6/07 (Day 1): N400 mailed
7/10 (4): N400 delivered to TSC(Priority date)
7/31 (25): N400 fee cashed
8/08 (33): NOA Receipt generated date
8/13 (38): NOA Receipt
8/17 (42): NOA Fingerprint Notification
8/27 (52): Fingerprints completed
11/13 (130): Filed Change of Address Online
12/6 (153): Change of Address confirmation
3/1 (239): Interview Notice
4/1 (270): N400 approved, Passed Interview
5/1 (300): Oath, Citizen, and Passport Application
5/10: Received Passport
Total 300 days