N-400 and Processing time in Seattle, WA for people with misdemeanor charges

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marklivinglarge

Registered Users (C)
N-400 and Criminal History

I filled an N-400 in 2009 that was denied for lack of good Moral Character, the denial letter letter mentioned that I should try 5 years after the date of my arrest. I had a shoplifting incident (Petty case) back in 02/2006 that automatically got dismissed after 12 months. no probation nothing ...just court fee.

the previous N-400 was adjudicated within 3 months .. so I am hoping this one I have just filed the 02/07/2011 would go the same route and get adjudicated quick.

I have received a text message saying that my case was accepted and routed to the National Benefit Center ... is that Normal ??

Has anyone out there gone through situation? should I worry about them denying me again ...or dragging their feet and not work in my case as quick as possible ...

Thank you
 
I filled an N-400 in 2009 that was denied for lack of good Moral Character, the denial letter letter mentioned that I should try 5 years after the date of my arrest. I had a shoplifting incident (Petty case) back in 02/2006 that automatically got dismissed after 12 months. no probation nothing ...just court fee.

the previous N-400 was adjudicated within 3 months .. so I am hoping this one I have just filed the 02/07/2011 would go the same route and get adjudicated quick.

I have received a text message saying that my case was accepted and routed to the National Benefit Center ... is that Normal ??

Has anyone out there gone through situation? should I worry about them denying me again ...or dragging their feet and not work in my case as quick as possible ...

Thank you
 
If they gave you a date after which it would be OK to file in the prior denial and you waited it out with no new problems then its OK.

NBC is a central processing facility for these forms.
 
You're supposed to wait 5 years after the conviction, not 5 years after the arrest. Looks like you're headed for another denial ...
 
marklivinglarge said:
I filled an N-400 in 2009 that was denied for lack of good Moral Character, the denial letter letter mentioned that I should try 5 years after the date of my arrest. I had a shoplifting incident (Petty case) back in 02/2006 that automatically got dismissed after 12 months. no probation nothing ...just court fee.

the previous N-400 was adjudicated within 3 months .. so I am hoping this one I have just filed the 02/07/2011 would go the same route and get adjudicated quick.

I have received a text message saying that my case was accepted and routed to the National Benefit Center ... is that Normal ??

Has anyone out there gone through situation? should I worry about them denying me again ...or dragging their feet and not work in my case as quick as possible ...

Thank you
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As Jackolantern notes, the relevant date for GMC is the date of conviction, not the date of arrest. However, it is not clear from your original post if there ever was a conviction related to that arrest. After the shoplifting arrest, were the charges ever filed in court? If yes, was the court case ever actually tried and if yes, when? Without a court case, there would be no conviction, and if so, it is possible that the original denial of your N-400 was incorrect. If there was a conviction, it's date was probably later than 02/2006, and if so, then your current N-400 filing may have been premature and may result in another denial.

Regarding the National Benefits Center, all N-400 applications are currently routed through it, so there is nothing unusual about that.
 
baikal3 said:
As Jackolantern notes, the relevant date for GMC is the date of conviction, not the date of arrest. However, it is not clear from your original post if there ever was a conviction related to that arrest. After the shoplifting arrest, were the charges ever filed in court? If yes, was the court case ever actually tried and if yes, when? Without a court case, there would be no conviction, and if so, it is possible that the original denial of your N-400 was incorrect. If there was a conviction, it's date was probably later than 02/2006, and if so, then your current N-400 filing may have been premature and may result in another denial.

Regarding the National Benefits Center, all N-400 applications are currently routed through it, so there is nothing unusual about that.
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Determining whether or not something is a "conviction" for immigration purposes is tricky all by itself. However, if it was a discretionary denial it would be based on date of "commission" rather than date of conviction. OP has not cited the legal section that was the basis of the denial. However, because it was in Seattle, ALL criminal charges in naturalization proceedings are scrutinized as per the settlement agreement at: http://www.uscis.gov/files/article/SEA-notice.pdf
 
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baikal3 said:
If yes, was the court case ever actually tried and if yes, when? Without a court case, there would be no conviction...
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That's not true; if there is a plea deal without court, the plea may be counted as a conviction in criminal and/or immigration law, depending on the specific details of the plea.
 
BigJoe5 said:
Determining whether or not something is a "conviction" for immigration purposes is tricky all by itself. However, if it was a discretionary denial it would be based on date of "commission" rahther than date of conviction. OP has not cited the legal section that was the basis of the denial. However, because it was in Seattle, ALL criminal charges in naturalization proceedings are scrutinized as per the settlement agreement at: http://www.uscis.gov/files/article/SEA-notice.pdf
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That settlement must be related to the Kichul Lee case, the guy who got denied for collecting too many oysters on the beach, and several others in Seattle who were denied for very minor offenses including traffic violations.

http://www.seattlepi.com/local/172675_suit10.html
 
The denial letter says:

...... you may file a new application for naturalization five years after the date of your arrest, provided that all other eligibility requirements have been met.

N-400 Application was denied twice already. The first time was reasoned as I am no longer married to the person I was applying on based on 3 year marriage. The application took over 3 years to adjudicate. and The second time was because of lack of Good Moral character. They could have mentioned all the disqualifications in the first denial.... I suppose always looks for another check to tell you, you are not qualified ...

It seems like USCIS can pretty much pull anything on anybody and it sticks ....
so Just wanted to make sure ...
 
This is all I have done so far ...

02/07/2011 N-400 Sent
02/10/2011 N-400 Received
02/12/2011 Text rec'd (App accepted and routed to the NBC)
 
The denial letter says:

...... you may file a new application for naturalization five years after the date of your arrest, provided that all other eligibility requirements have been met.

And here is what attorney I used before had to say when I asked the question, He is well know and very experienced:

Five years since the arrest date. What was that date? But you have to be off probation before the case can be approved.

Sure, we would be happy to work with you.



Robert H. Gibbs

Gibbs Houston Pauw

1000 Second Ave. Suite 1600

Seattle, WA 98104

206-224-8790

fax 206-689-2270

N-400 Application was denied twice already. The first time was reasoned as I am no longer married to the person I was applying on based on 3 year marriage. The application took over 3 years to adjudicate. and The second time was because of lack of Good Moral character. They could have mentioned all the disqualifications in the first denial.... I suppose always looks for another check to tell you, you are not qualified ...

It seems like USCIS can pretty much pull anything on anybody and it sticks ....
so Just wanted to make sure ..
 
marklivinglarge said:
They could have mentioned all the disqualifications in the first denial.....
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It's up to the applicant to determine if they are eligible by first reading the naturalization guide rather than USCIS informing the applicant of all the reasons they aren't eligible.
 
The attorney I have used and asked about the eligibility to file an N-400 is the same that sued USCIS for denying people with minor Criminal Record (Petty Record) in the website given by (BigJoe5)


It must be reliable, right ??
 
Even if USCIS meant the date of when the case was sentenced ( which is not), according to their letter and the attorney), Then that's their fault and is a ground for appeal. Plus by the time it gets adjudicated it will be when the right date. the arrest was in 02/07/2006 and The case was sentenced in April, 20th 2006.... so either way, it should not be a BIG problem ...Hopefully ....
 
I have checked again, and YES the USCIS denial letter says to file 5 YEARS AFTER THE DATE OF THE ARREST. Not the date of the conviction like some people say.
The attorney confirmed that too ...

Just need confirmation from these people in here as well, for my peace of mind ...lol

Thanks everyone
 
USCIS mentioned in the denial letter that they know it was a conviction but later the case got dismissed, even then , USCUS suggested I file 5 years AFTER THE DATE OF MY ARREST NOT CONVICTION.

So, they must know what they're talking about, I have it in writing ...
 
marklivinglarge said:
Even if USCIS meant the date of when the case was sentenced ( which is not), according to their letter and the attorney), Then that's their fault and is a ground for appeal.
Click to expand...
No it's not. If they made a mistake about telling you when you can reapply, that doesn't allow you to circumvent the moral character or any other requirements.

So, they must know what they're talking about, I have it in writing ...
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USCIS has some buffoons that don't know what they're talking about, and they've screwed up many people's lives because of it.

Plus by the time it gets adjudicated it will be when the right date. the arrest was in 02/07/2006 and The case was sentenced in April, 20th 2006.... so either way, it should not be a BIG problem ...Hopefully ....
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Unfortunately, you need to satisfy the 5 year "good moral character" requirement when you file the N-400 and when you are interviewed and on the oath date. Your interview date will be more than 5 years after the sentencing, but not the filing date.

However, perhaps for your specific case it's 5 years after the arrest, since you didn't plead guilty and weren't explicitly convicted in court and it was ultimately dismissed without probation. But generally it's 5 years after the conviction.

Did the attorney see the exact details of your case before giving the answer you quoted above?
 
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big-bird said:
Hey Bigjoe i like reading about legal issues.
Your help answering people on this forum is great , but i was wondering , where do you get those internal docs ?
Do you now work for USCIS :) ?
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They are posted on www.uscis.gov and all over the internet. You just have to know what you are looking for or guess on the right words to put in your search engine. I use google.
 
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