Denied N400 application after misdemeanor

#1
Hello,

I just went in for my citizenship interview and was denied due to misdemeanor for sale of alcohol to a minor in 2014. I was never arrested and never spent jail time. I was given a citation and My case was dismissed and I entered pre trial diversion. I completed pre trial diversion in 2016.
I know this is less than the required 5 year waiting period but I thought since this was criminal negligence I would be approved. Officer said I can reapply later on this year so it would be 5 years since my citation. I’m not sure whether I should wait to apply in 2021 because then it would be 5 years after my pre trial diversion was completed or apply end of this year since its 5 years after the charge.
Thanks!
 

Jbuff

Active Member
#2
Hello,

I just went in for my citizenship interview and was denied due to misdemeanor for sale of alcohol to a minor in 2014. I was never arrested and never spent jail time. I was given a citation and My case was dismissed and I entered pre trial diversion. I completed pre trial diversion in 2016.
I know this is less than the required 5 year waiting period but I thought since this was criminal negligence I would be approved. Officer said I can reapply later on this year so it would be 5 years since my citation. I’m not sure whether I should wait to apply in 2021 because then it would be 5 years after my pre trial diversion was completed or apply end of this year since its 5 years after the charge.
Thanks!
In the eyes of immigration when you take deals. In your case pre trial diversion its considered admitting guilt. If your run in with the law is within the 5 years after the case has ended. It's completely. Up to that immigration officer to approve or deny. Even then with an approval their supervisor needs to sign off on it.

You can try again as instructed by the IO within a year as that would be 5 years from the the actual charge. But keep in mind outcome of the case wasn't until 2016. 5 years from that =2021 as you stated.

Don't let it deter you try again within a year.
Some applications are taking a while. It can take up to a year to get called for your interview after filing.
 
#3
Thank you so much your your reply. I’m just worried that since I already got rejected they are automatically going to reject me again when I reapply even after the 5 years now.
 
#4
This morning I was approved so the IO decision yesterday was overturned. I’m so surprised and so glad that I was approved and placed in line for the queue for the oath ceremony. It took less than a day for the decision too! Thank you for the advice that was given to me. Don’t lose faith people even if you are denied at first. You never know!!!
 

Jbuff

Active Member
#5
This morning I was approved so the IO decision yesterday was overturned. I’m so surprised and so glad that I was approved and placed in line for the queue for the oath ceremony. It took less than a day for the decision too! Thank you for the advice that was given to me. Don’t lose faith people even if you are denied at first. You never know!!!
Did he flat out say you're denied?
Or said a Decision cannot be made right now and will get back to you?

Sounds like your case was reviewed by a supervisor and ultimately approved.
Congrats!!!!
 
#6
Thanks! Yes the IO said she can’t approve me because it has been less than 5 years but she had to hand over the case to her supervisor who will also deny it she said and said I will need to reapply later. But this morning i got an email saying an adjustment has been made and I just logged on to website thinking nothing of it, just that I was officially denied by the supervisor and imagine my disbelief when it said I have been approved and I’m in the queue for the oath ceremony!!!
 
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