N-400 and Criminal Case - withdraw or wait for denial?

F

finik

New Member
To make a long story short, I started the N-400 application in October. In November, I had criminal charges brought against me for a misdemeanor which would compromise the 'good moral character' requirement of the N400. However, since the charges occurred after the application was started, the USCIS didn't get notified yet and I have already passed fingerprints and have the interview scheduled in 3 weeks. Chances are, I will get a diversion program for the misdemeanor (which is not a conviction but counts as one for the USCIS, from what I understand).

I am not sure whether it would be best to withdraw the N400 right now, before the interview - would I have to wait 5 years to reapply? Or should I just report the arrest/etc to the USCIS when asked and take the chances with a denial (which would still set me back 5 years?) Are the long-term consequences for a withdrawal and denial identical, or is one viewed as 'worse'?

If I don't withdraw, will my N-400 case will be set aside until the criminal case is settled (or probation is over)?

I would greatly appreciate any and all advice. However, please don't give me pseudo-advice like 'don't do the crime if you can't do the time'. Everyone makes mistakes, and this is the biggest one of my life - and I know I'll pay for it (already am, actually).
 
check out if the offense is deportable or not. If there is no risk for deportation. Then you have nothing to lose if you go ahead.
There is no refund if you withdrawe so I don't think it make any
difference whether you withdraw the case or they deny the case.


If the offense is deportable, then you may consider withdrawing
to avoid attention of USCS for now.
 
If you are concerned about deportation, withdrawal is better. Withdraw the case and they're more likely to just forget about it. Whereas if you go through with it and complete the interview, more eyes will be on your case and the issues will be brought to their attention, which could trigger them to follow up by initiating deportation.
 
If the offense is not deportable, then you might as well go to the interview. You will be eligible to apply 5 years after the offense, so withdrawing now will not let you send a new application right away anyways.
 
Not deportable

The offense is not deportable (falls under CIMT petty offense exception), so there is no risk of that.

If I do go to the interview, will I need to just disclose the criminal charges and such, and then wait for their decision?
 
You will need to disclose the charges and give the current status of the offense. Take all the documents you have with you. The IO may ask to wait until a decision on your offense is made or may already deny the application or may also determine that the offense may not reflect bad moral character and approve your application (I do not know what the chances will be but, you never know). Just wait and see what happens. There is nothing really more you can do so don't stree over it. It is what it is.
 
finik said:
The offense is not deportable (falls under CIMT petty offense exception), so there is no risk of that.

If I do go to the interview, will I need to just disclose the criminal charges and such, and then wait for their decision?
Click to expand...

If it is petty theft, exception is said to be applicable to determining
good moral charcater. So you shoudl go ahead and there is nothing to lose
becaus eteh worst case is denial which will have teh same effect as withdrawal anyway. The only loss you get is the expense of going to
the interview which is negligble and you can consider going to interview
as some tourist experiences and the money you pai for gas and parking
are cost of a ticket.
 
I know from previous cases I have seen if a person has charges pending, and their case hasn't been adjudicated before they go to their N 400 interview, they will be denied.
 
Petty theft - exception?

As some have already guessed, the offense was indeed petty theft. I know the petty offense exception works for CIMT inadmissibility issues, but does it also apply to establishing good moral character? Opinions seem to be split on this (and immigration lawyers refuse to consult on this matter without being retained first....)
 
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