N400 Sumitted with 2 CMT - (criminal record) - Should I withdraw now?

C

CriminalHist

New Member
26 years ago I was arrested for a felony (grand theft 2000 USD) for writing a bad check (though returned banks all money before I was arrested or even contacted by police). Charge was reduced to misdemeanor 1 (CMT-check kiting).Plead guilty and had 34 days jail time with 17 days suspension. 19 years ago I was arrested for a shop lifting ($50), printed and released. Case was dismissed without any formal conviction (checked with Attorney many times) though I had 16 hours community servce. But regardless all these.... in a pretty bad day I assume a tough/unhappy I/O may consider I have two CMT convictions. 17 years ago got my green card based on married to a Citizen. I disclosed all the incidents and submitted all court papers with GC application. 19 times travelled overseas since then, everytime had secondary inspection at the airports and released.
Now I applied for Citizenship about 4.5 months ago and 3.5 months ago I was finger printed. Still Online portal only shows USCIS has sent the notice for finger print. No update since then. No inline for interview yet. I am very nervous now. when I checked USCIS Case Update Online, I found 99.99% (from 1000 sample subject) NBC number from the same NOA date either in line for interview or already got interview date, many of them already took the interview. and even Oath.

I do not think FBI/ USCIS liked my criminal history, they are trying to find any excuse to deny my N400 or any excuse to find that GC was approved wrongfully. Should I withdraw my N400? My GC was before 9/11, so name check was not there that time. I also had renewed my GC once without any trouble.
 
From doing a search on Google it appears that you have asked essentially the same question multiple times (sometimes with different usernames) over the years both on these forums and elsewhere. I don't think there is any reason to change the advice you were given multiple times by people in the past both online and by attorneys you say you've consulted with. That advice was that you should have an excellent chance at naturalization but at the very least your GC cannot be revoked because of the amount of time that has passed. Has anything changed that would cause that advice to no longer be reliable? In any event at this point you just need to sit tight and wait--secure in the knowledge that at the very least your GC status is secure. Of course they are taking their time with the N-400 because you DO have at least one criminal conviction so they need to review it more carefully than most. But there is nothing more to be said here that hasn't already been said to you multiple times before. The ball is in the court of USCIS right now. There is nothing to do but wait. Good luck!
 
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Fact 1: you did not withhold any information when you filed for permanent residency
Fact 2: a number of years have elapsed since you became a permanent resident
Conclusion: your GC is safe

That being the case, I see no reason for withdrawing your N400 application. The worst that will happen is that it will be denied. If I were you, I would stick with it till I know one way or the other. Note that even if you become a citizen, you may still have to go through secondary inspection. The annotation in your record that triggers the secondary inspection may not magically disappear just because you are a US citizen.
 
Many thanks. You are very correct. I needed a lot of courage to finaly apply for N400. But the delay is making me nurvous. I checked USCIS Case Update Online, I found 99.99% (from 1000 sample subject) NBC number from the same NOA date either in line for interview or already got interview date, many of them already took the interview. and even Oath.
 
Yes they are definitely taking longer because of the past criminal conviction but that is something to be expected. Definitely not a reason to become especially nervous and certainly not a reason to withdraw the case.
 
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