LPR with criminal offense married to US Citizen and Statutory Period

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imghelp

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Before I can hire an attorney to file for naturalization, I would like to know if and when I am eligible to file N-400, application for naturalization.

I have been an LPR for 2 years 9 months and a dismissed criminal case. I have read that LPR should wait 3 or 5 years from the date of criminal offense (not just 3 years from date of PR) even if the case was dismissed.

In my situation, the criminal case was filed just two weeks prior to adjustment of status interview (marriage based LPR). The charges were reduced to two counts of disorderly conduct (domestic abuse) and deferred prosecution which required me to take classes. The case was dismissed in middle of 2011. Attorney submitted case documents during the AOS interview but not with I-485. I received unconditional GC a month after the interview. Since the case was already disclosed at the AOS interview and the criminal case happened before AOS, am I not eligible to file for naturalization? Are there other resons that I should wait until 5th anniversary of obtaining PR or 3rd anniversary of case dismissal?

My case had a deferred prosecution agreement and specifically stated:

"Upon the defendant's entry of a plea of other than not guilty to both counts contained in the amended criminal complaint, the parties request the court defer entry of judgment of guilt. The parties further request that prosecution of the above matter be deferred for 12 months from today's date."
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The required wait is 5 years (or 3 years if married to USC) after the conviction.

USCIS has its own different definition of "conviction". You entered a plea other than not guilty, so it looks like that would count as a conviction on the date you made the plea. So you have to wait 3 years after that date. But that's just my interpretation ... defining the if and when of a conviction can be unclear, as in your case.
 
to USCIS that is a conviction. if you were sent to class, paid fine, service, reduced charge, probation they are all CONVICTION.
 
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