Mr T
I am not an Immigration Attorney .... But here are some question and reasoning.
Is your crime consider aggravated?
(a) General Criteria . One of the most important basic requirements in naturalization is that of good moral character (GMC). An applicant for naturalization must show that, during the statutorily prescribed period, he or she has been and continues to be a person of good moral character. This period includes the time between the examination and the oath of allegiance. Although the law specifies that the good moral character requirement applies to the statutory period, conduct prior to that period may impact the adjudicator’s dec ision regarding whether or not an applicant meets the requirement. Consideration of the applicant’s conduct and acts outside the statutory period is specifically sanctioned by law if the applicant’s conduct during the statutory period does not reflect reform of character or the earlier conduct is relevant to the applicant’s present moral character. See section 316(e) of the Immigration and Nationality Act (the Act) and 8 CFR 316.10(a)(2) . Thus, when addressing the issue of good moral character, the examination should be broad enough and sufficiently detailed to disclose all relevant adverse conduct or activity. Although the focus should be on conduct during the statutory period, the inquiry should extend to the applicant’s conduct during his or her entire lifetime.
Good moral character should be determined on a case-by-case basis. Section 101(f) of the Act and 8 CFR 316.10 specifically provide that certain criminal conduct precludes a finding of good moral character. Section 101(f) also provides that an applicant may lack good moral character for reasons other than those described in 101(f)(1) – (f)(8). The courts have held that good moral character means character which measures up to the standards of average citizens of the community in which the applicant resides. Any conduct or acts which offend the accepted moral character standards of the community in which the applica nt resides should be considered, without regard to whether the applicant has been arrested or convicted.
While some crimes are permanent bar for Naturalization CIMT are just basis for temporary bar. Permanent Bar for Naturalization and initiation of removal include:
(1) Permanent Statutory Bars to Establishing Good Moral Character .
• Murder . If an applicant is convicted of murder at any time, he or she can never establish good moral character. See 8 CFR 316.10(b)(1)(i) . If the applicant has ever been convicted of murder, you should deny the naturalization application and consider whether the case should be referred for removal proceedings.
• Aggravated Felony Committed On or After November 29, 1990 . The definition of “aggravated felony” is in section 101(a)(43) of the Act. It is of vital importance that all interviewing officers are very familiar with what crimes constitute an aggravated felony. Some offenses require a minimum term of imprisonment to qualify as an “aggravated felony”. For example, a theft offense and a crime of violence are aggravated felonies if the term of imprisonment is at least one year. Note that the term of imprisonment is deemed to be the period of confinement ordered by the court regardless of whether the sentence was actually imposed. S ee section 101(a)(48)(b) of the Act. In IIRIRA, Congress expanded the offenses considered aggravated felonies and amended the definition to apply to offenses that occurred at any time.
For naturalization purposes, an applicant convicted of an aggravated felony on or after November 29, 1990, regardless of when the crime was committed, is permanently precluded from establishing good moral character. Accordingly, an application for naturalization filed by an individual convicted of an aggravated felony on or after November 29, 1990, must be denied. Moreover, the case should be considered for possible initiation of removal proceedings because an individual convicted of an aggravated felony at anytime is removable. See section 237(a)(2)(A)(iii) of the Act.
(2) Conditional Bars to Establishing Good Moral Character .
(A) Effect of Crime Involving Moral Turpitude (CIMT) Convictions . An applicant who commits and is convicted of or admits to committing one or more crimes involving moral turpitude during the statutory period cannot establish good moral character and is ineligible for naturalization. See 8 CFR 316.10(b)(2)(i) . However, there is an exception to the general rule, which you must consider. See section 212(a)(2)(A)(ii)(II) of the Act. The exception applies if the applicant has committed only one CIMT and the crime is a petty offense. A petty offense is defined as a crime for which the maximum penalty possible for the crime does not exceed imprisonment for one year and , if there is a conviction, the term of imprisonment does not exceed six months, regardless of suspension. Thus, an individual convicted of a CIMT will only qualify for the exception if the two conditions are satisfied. Not only must the sentence imposed have been less than six months, the maximum possible sentence that could have been imposed must not exceed one year.
For example, suppose an applicant commits petty theft in the statutory period. This was his or her only conviction. The applicant was fined and sentenced to one year of probation and community service. The maximum possible sentence for this conviction is 364 days. No term of imprisonment was imposed. The applicant meets both conditions of the petty offense exception and is not precluded from establishing GMC. In the above example, if the applicant had also received a suspended jail sentence of eight months, he or she would not meet the exception because he or she does not meet the second condition of the petty offense exception. The petty offense exception is inapplicable to an alien who has been convicted of or who admits the commission of more than one crime involving moral turpitude, even if only one of the two or more CIMTs was committed during the statutory period. An applicant who has committed more than one petty offense, only one of which is a CIMT, remains eligible for consideration of the petty offe nse exception. See Legal Opinion 95-12 .
(B) Definition of a Crime Involving Moral Turpitude (CIMT) . As defined in case law, moral turpitude generally refers to conduct which is inherently base, vile, or depraved, contrary to the accepted rules of morality and the duties owed to persons or society in general. See Matter of Flores , 17 I&N, Dec. 225 (BIA 1980), and cases cited therein. It is defined as conduct which is morally reprehensible and intrinsically wrong, the essence of which is an evil or malicious intent.
A list of crimes involving moral turpitude is located in I-LINK under “Other Technical Manuals.” Every crime that involves moral turpitude is not listed in this reference guide. This list is periodically updated as legal decisions add offenses to the list. In determining whether a crime is one that involves moral turpitude, one must look to the nature of the offense itself. Matter of Esfandiary , 16 I&N Dec. 659 (BIA 1979) . Additionally, whether or not a crime is a CIMT often depends on whether or not a state statute includes one of the elements that introduces moral turpitude. A crime with the same name may be a CIMT in one state but not in another if the state statutes define the crime differently. Conspiracy to commit a crime considered a CIMT is also a CIMT in itself. If you are unsure if a crime involves moral turpitude, contact your local district counsel.
The general categories of crimes which involve moral turpitude contained in this reference guide are as follows:
• Crimes against a person . Crimes against a person involve moral turpitude when criminal intent or recklessness is an element of the offense, or when the crime is defined as morally reprehensible by state statute, e.g. statutory rape. Criminal intent or recklessness may be inferred from the presence of unjustified violence or the use of a dangerous weapon. Aggravated battery is usually, if not always, a CIMT. Assault and battery is usually not a CIMT.
• Crimes against property . Moral turpitude attaches to any crime against property which involves fraud, whether it entails fraud against the government or an individual. Certain crimes against property may require guilty knowledge or an intent to permanently take property. Theft (petty and grand), forgery, and robbery are CIMTs in some states. Possession of Burglary Tools and Loan Sharking are usually not CIMTs.
• Sexual and family crimes . It is difficult to discern a distinguishing set of principles which the courts apply to determine whether a particular offense is a CIMT. In some cases, the presence or absence of violence seems to be an important factor. The presence or absence of criminal intent can be a determining factor. Spousal abuse and child abuse can be CIMTs. For example, the Simple Assault, Domestic charge used by some states generally does not rise to the level of being a CIMT. Indecent Exposure and Abandonment of a Minor Chil d are also not CIMTs in some states.
• Crimes against the authority of the government . The presence of fraud is the main determining factor as to the presence of moral turpitude. Offering a Bribe to a Government Official and Counterfeiting are CIMTs. Possession of Counterfeit Securities (Without Intent) and Contempt of Court are not CIMTs.
(C) Controlled Substance Violations . Per section 101(f)(3) of the Act and 8 CFR 316.10(b)(2)(iii) , an applicant who has violated any law of the United States, of any state within the United States, or of any foreign country relating to a controlled substance is precluded from establishing good moral character, unless the violation was for a single offense of simple possession of 30 grams or less of marijuana. See Chapter 74.2(g), question 12 parts (A) and (F) for more details regarding these types of violations.
(D) Incarceration . Per section 101(f)(7) of the Act and 8 CFR 316.10(b)(2)(v) , an applicant who has been confined, as a result of conviction, to a penal institution for an aggregate period of 180 days or more cannot establish good moral character, unless the confinement was outside the United States due to a conviction of a purely political offense committed outside the United States. See Chapter 74.2(g), question 15B for more details regarding incarceration.
(15A) Have you ever: knowingly committed any crime for which you have not been arrested?
(A) General . Even if the applicant was never formally charged, indicted, arrested, or convicted of a crime covered in section 212(a)(2)(A) of the Act as referenced by section 101(f)(3) of the Act and 8 CFR 316.10(b)(2)(i) , (b)(2)(ii) , or (b)(2)(iii) , whether in or out of the United States, he or she is ineligible to naturalize if he or she admits committing such crimes. However, to effectively constitute an “admission” under 212(a)(2)(A), the particular elements of the offense must be admitted. Matter of G – M – , 7 I&N. Dec. 40 (BIA 1956). The area of admissions is particularly difficult. If there is any doubt regarding the adequacy or effectiveness of the admission, it is advised that after taking the relevant sworn statement, the case be continued for supervisory concurrence prior to decision. Whenever possible, a sworn statement should be taken at the initial examination. If the facts warrant, the DAO should contact Investigations for referral to the appropriate law enforcement agency.
If an applicant tells you, during the examination, that he or she has done something that makes him or her ineligible under the last sentence of INA 101(f) or 8 CFR 316.10(b)(2)(iv) you must take a sworn statement (see Chapter 15.6 of this field manual regarding sworn statements). The statement must cover the specifics of the act or acts that prevent a finding of good moral character. You must ask the applicant to give all particulars of the act or acts that make him or her ineligible under this section. If there is any doubt regarding the adequacy or effectiveness of the applicant’s statement, it is advised that after taking the relevant sworn statement, continue the case for supervisory review.
When an applicant appears uncertain regarding the scope of a particular question, to ensure that an applicant understands the questions being asked, you should further explain both the scope of the question and the information that is expected in response. There are an infinite variety of questions that you can ask to accomplish the objective of complete disclosure. Of necessity, the extent and substance of the questions asked will depend upon the circumstances in each individual case and your good judgem ent.
(15B) Been arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance excluding traffic regulations?
(A) General . Section 101(f) of the Act specifically provides that certain criminal conduct precludes a finding of good moral character, one of the basic prerequisites for naturalization eligibility. Section 101(f) provides that conduct outside the particular classes outlined at 101(f)(1) – (f)(8) may disqualify an individual from establishing good moral character. See also 8 CFR 316.10 . Because criminal activity is particularly important in determining good moral character, false testimony regarding criminal history also may be an independent consideration in determining good moral character. As Question 15(b) captures information central to establishing eligibility to naturalize, it must always be asked during the interview.
In general, the applicant is responsible for demonstrating good moral character for the statutorily required period. See Part 2 of the Form N-400 Review in this chapter and Chapter 73.6 in this field manual .
For the factors that need to be included during the examination for naturalization, see section 335 of the Act and 8 CFR 335.2 regarding the examination of applicants.
For additional information regarding good moral character, refer to Interpretation 316.1 , Naturalization Requirements; Interpretation 316.1(e) , Good Moral Character; Interpretation 316.1(f) , Good Moral Character required during the statutory period; Interpretation 316.1(g) , Good Moral Character under section 101(f) of Act.
Where an applicant appears uncertain regarding the scope of a particular question, you should further explain both the scope of the question and the information that is expected in response. There are an infinite variety of questions that you can ask to accomplish the objective of complete disclosure. Examples include "Have you ever been in trouble with the police officer?" "Did a policeman ever take you to jail", "Have you ever been at a police station?" "Have you ever been in court?" "Did a judge ever qu estion you?” etc. These questions are merely representative of the innumerable ones that you can and should ask if the need arises. Of necessity, the extent and substance of the questions asked will depend upon the circumstances in each individual case and your good judgement.
When the preliminary review of the file has revealed an arrest record which has been undisclosed in the application, or when upon some other basis there is a reason to believe that the applicant is concealing an arrest record, it is appropriate to remind the applicant that he or she is under oath and that false statements may result in denial of the application. Where it still appears that the individual does not understand the scope of the question and the expected response, leading questions may be effec tive. In these situations, it may be appropriate to ask questions such as "How many times have you been arrested?", "Have you been arrested on more than one occasion?”, or "Have you been arrested more than once?". Such questioning is appropriate when asked in conjunction with your review of the file, and after reminding the applicant that he or she is under oath, even though these questions might suggest that you have knowledge of an existing criminal record.
In some cases, it may matter if an offense was committed outside the United States. You must ask if the offense was committed outside the United States. If it was, you must determine whether it was a purely political offense. If you determine that it was a purely political offense, the conviction and sentence to incarceration cannot be used as one of the convictions to find a person lacks good moral character under section 101(f)(3) of the Act as it applies to sections 212(a)(2)(A) and (B) of the Act.
If, during the statutory period, the applicant is or was confined to a penal institution for an aggregate of 180 days pursuant to a conviction or convictions, he or she is precluded from establishing good moral character and is ineligible for naturalization. The application for naturalization must be denied. [See section 101(f)(7) of the Act and 8 CFR 316.10(b)(2)(v) .]
There is an exception. Be sure to ask the applicant if the confinement was outside the U.S. and the result of a conviction for a purely political offense. If the applicant can document that the conviction and confinement were outside the U.S. and were for a purely political offense, the applicant should not be found to lack good moral character under this section.
An applicant may be denied for lack of good moral character if he or she has committed unlawful acts that adversely affect his or her good moral character, or if he or she was convicted or imprisoned for such acts even if they do not fall under INA 101(f)(1) through (8). Because denial of naturalization under these provisions is not required, you will need to be able to justify your finding in any particular case.
(B) Murder . If an applicant has been convicted of murder, he or she can never establish good moral character. See 8 CFR 316.10(b)(1)(i) and section 101(f)(8) of the Act. If the applicant has ever been convicted of murder, you should deny the naturalization application. He or she is permanently precluded from establishing good moral character and is not eligible to naturalize. You should also consider whether the case should be referred for removal proceedings.
(C) Aggravated Felonies . There are several General Counsel legal opinions which give guidelines for determining if an offense is an “aggravated felony” and how to deal with the situation. Following is a list of those opinions:
• General Counsel Opinion 91-25 "Aggravated felony": Applicability to convictions prior to Nov. 18, 1988 ;
• General Counsel Opinion 92-49 Overview: Immigration Consequences of Aggravated Felony Conviction ;
• General Counsel Opinion 93-14 Whether Burglary Is A "Crime of Violence" Under 101(a)(43) of the Act (Aggravated Felony) ;
• General Counsel Opinion 96-16 Amended definition of "aggravated felony" and the section 101(f)(8) bar to good moral character.
If the applicant has been convicted of an aggravated felony on or after November 29, 1990, refer to section 101(a)(43) of the Act and Chapter 73.6 of this manual. The applicant is permanently precluded from establishing good moral character and is not eligible to naturalize. You should also consider whether the case should be referred for removal proceedings. Also, see General Counsel Opinion 96-16 and the Section 101(f)(8) bar to good moral character. The following guidelines are discussed in that opinion:
• Conviction of an aggravated felony before Nov. 29, 1990 should be considered in determining an applicant’s good moral character, along with the other facts you develop during the course of the examination.
• A conviction for an aggravated felony mandates a finding that the person is not of good moral character if the person was convicted on or after November 29, 1990.
• An applicant convicted of an aggravated felony at any time after entry is amenable to deportation (removal). A final order of removal would bar the applicant’s naturalization under section 318 of the Act (see Chapter 74.7 of this field manual) .
(D) Suspended Sentences . The fact that a sentence was suspended does not affect whether the sentence was actually imposed. [See section 101(a)(48)(b) of the Act.]
(E) Effect of Probation or Parole . See 8 CFR 316.10(c)(1) . You may discover during the course of the examination that an applicant has been on probation, parole, or suspended sentence during all or part of the statutory period. This does not mean that he or she is automatically ineligible for naturalization. You will need to ask whether the probation, parole, or suspended sentence has been completed. If it has not been completed by the time of the adjudication, the application should be denied. If probation, parole, or suspended sentence was satisfactorily compl eted, the fact that the applicant was on probation, parole, or suspended sentence does not in and of itself disqualify him or her. See Chapter 73.6 of this manual for a discussion of the eligibility requirements relating to this question.
(F) Effect of Pardon . The pardon must be a full and unconditional executive pardon. It may be granted before the statutory period, or during the statutory period. [See 8 CFR 316.10(c)(2)(i) .] Certain conditions must be met in either case:
• the applicant will have to demonstrate reformation and rehabilitation from before the start of the statutory period if the pardon was granted before; or
• the applicant will have to demonstrate extenuating or exonerating circumstances if the pardon was granted during the statutory period.
You will need to examine the applicant’s behavior, conduct, and actions to make a determination regarding reformation and rehabilitation. See Interpretations 316.1(g)(4)(i) and (iv) and Chapter 73.6 in this manual for a discussion of these factors.
If the applicant claims extenuating and/or exonerating circumstances exist that would establish his/her good moral character, he or she would need to provide supporting documentation, unless it is already present in the file. [See 8 CFR 316.10(c) (2)(ii) .] Chapter 73.6 of this manual and Interpretations 316.1(g)(4)(i) and (iv) contain discussions of extenuating and exonerating circumstances.
(G) Expungement . See 8 CFR 316.10(c)(3) regarding record expungement in certain cases. Also see Chapter 73.6 of this manual . See section 101(a)(48) of the Act: In light of the new statutory definition of conviction, an expungement will not effectively remove the underlying conviction in many cases. The regulations already provide that an expungement of a controlled substance offense does not affect the underlying conviction, 8 CFR 316.10(c)(3)(i). Moreover, a second crime involving moral turpitude that is expunged is still considered a conviction, 8 CFR 316.10(c)(3)(ii). Post-IIRIRA, other expungements will not be given effect. Matter of Roldan , Int. Dec. 3377 (BIA 1999). An individual who obtains an expungement pursuant to the Federal First Offender Statute, or a state counterpart, is not considered convicted under INA 101(a)(48). Lujan- Armendariz v. INS, 222 F .3d 728 (9 th Cir. 2000). If you are unsure of the effect of a particular expungement, contact your local district counsel office.
(H) Release of Rap Sheets to Applicant . USCIS cannot provide the applicant with a copy of a report from another agency. You can advise the individual to contact the originating agency (in this case, the FBI) and to follow that agency’s request procedure if an actual copy of the report is desired.
2) Exceptions. -
(A) In general. - Paragraph (1) shall not apply to an alien if the Attorney General determines that -
(i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;
(ii) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States;
(iii) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States;
(iv) there are reasonable grounds for regarding the alien as a danger to the security of the United States;
(v) the alien is 5/ described in subclause (I), (II), (III), (IV), or (VI) 2/ of section 212(a)(3)(B)(i) or section 237(a)(4)(B) (relating to terrorist activity), unless, in the case only of an alien 5/ described in subclause (IV) of section 212(a)(3)(B)(i) , the Attorney General determines, in the Attorney General's discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or
(vi) the alien was firmly resettled in another country prior to arriving in the United States.
(B) Special rules.-
(i) Conviction of aggravated felony. - For purposes of clause (ii) of subparagraph (A), an alien who has been convicted of an aggravated felony shall be considered to have been convicted of a particularly serious crime.
(ii) Offenses. - The Attorney General may designate by regulation offenses that will be considered to be a crime described in clause (ii) or (iii) of subparagraph (A).
(C) Additional limitations. - The Attorney General may by regulation establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum under paragraph (1).
(D) No judicial review. - There shall be no judicial review of a determination of the Attorney General under subparagraph (A)(v).
3/ (3) TREATMENT OF SPOUSE AND CHILDREN-
(A) IN GENERAL- A spouse or child (as defined in section 101(b)(1)(A) , (B) , (C) , (D) , or (E) ) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.
(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.
(b) Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 336(a) , shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.
Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of such residence except that in the case of a person who has been physically present and residing in the United States after being lawfully admitted for permanent residence for an uninterrupted period of at least one year and who thereafter, is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation, or is employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence, no period of absence from the United States shall break the continuity of residence if-
(1) prior to the beginning of such period of employment (whether such period begins before or after his departure from the United States), but prior to the expiration of one year of continuous absence from the United States, the person has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the dev elopment of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation, or to be employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence; and
(2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.
The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.
(c) The granting of the benefits of subsection (b) of this section shall not relieve the applicant from the requirement of physical presence within the United States for the period specified in subsection (a) of this section, except in the case of those persons who are employed by, or under contract with, the Government of the United States. In the case of a person employed by or under contract with Central Intelligence Agency, the requirement in subsection (b) of an uninterrupted period of at least one year of physical presence in the United States may be complied with by such person at any time prior to filing an application for naturalization.
(d) No finding by the Attorney General that the applicant is not deportable shall be accepted as conclusive evidence of good moral character.
(e) In determining whether the applicant has sustained the burden of establishing good moral character and the other qualifications for citizenship specified in subsection (a) of this section, the Attorney General shall not be limited to the applicant's conduct during the five years preceding the filing of the application, but may take into consideration as a basis for such determination the applicant's conduct and acts at any time prior to that period.
(f) (1) Whenever the Director of Central Intelligence, the Attorney General and the Commissioner of Immigration determine that an applicant otherwise eligible for naturalization has made an extraordinary contribution to the national security of the United States or to the conduct of United States intelligence activities, the applicant may be naturalized without regard to the residence and physical presence requirements of this section, or to the prohibitions of section 313 of this Act, and no residence within a particular State or district of the Service in the United States shall be required: Provided, That the applicant has continuously resided in the United States for at least one year prior to naturalization: Provided further, That the provisions of this subsection shall not apply to any alien described in clauses (i) through (v) of section 208(b)(2)(A) of this Act.
(2) An applicant for naturalization under this subsection may be administered the oath of allegiance under section 337(a) by any district court of the United States, without regard to the residence of the applicant. Proceedings under this subsection shall be conducted in a manner consistent with the protection of intelligence sources, methods and activities.
(3) The number of aliens naturalized pursuant to this subsection in any fiscal year shall not exceed five. The Director of Central Intelligence shall inform the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives within a reasonable time prior to the filing of each application under the provisions of this subsection.
You must grant an application if the applicant meets all statutory requirements for naturalization (see 8 CFR 335). In order to understand each of the specific statutory requirements, familiarize yourself with the sections of this manual relating to: residence, Chapter 73.1 - 73.5; good moral character, Chapter 73.6; English and Civics, Chapter 73.8 and Attachment to the Constitution, Chapter 73.7.)
My advised is as follow:
If you are going to apply do so but tell the truth. Also another provision of the law to Naturalization says anyone underage 18 that have committed and aggravated felony or crime shall not be view as deliberate. And also there is the 7 years rule in where if more than seven years have pass and during those seven years you have not face any other charge it should show that you are a person of GMC.
My answer is
No. there has never been a crime you committed for which you have not been charge or arrested
Yes. you have committed a crime
Yes. you have been charge with committing a crime or offense
Yes. you have been convicted of a crime
No. you have not been place under alternative sentencing ( for this you have to provided me with more detail as if you have been to any anger management class ....AAA meeting instructed by the court etc...)
Yes. you have been giving a suspended sentence, been place on probation or parole
Yes you have been to prison or jail ( that is even if you only been detained even for just 1 hr and you had to put the orange uniform, or even if you have been to the county jail etc.....)
those are the answer to questions 15-21 on the N400 pertaining to your situation.
But still consult a lawyer ...
