Question on citation

[samipasazade]

Hello, I am getting ready to file my N-400. I have come to U.S. as a student in 1999 and married here and got my permanent residence in 2006. I have had a minor citation of 'selling alcohol to a minor' in 2007 and had to go to court for that. I received pretrial diversion and after completing my community service and selling alcohol class, my case was dismissed. I disclosed that in my application and submitted a letter explaining what happened. I was working as a cashier in a grocery store and even though I asked and looked at the driver's license of the minor, I miscalculated his age and sold alcohol. This was over 5 years ago and I have not had any other problems with law since I have been in the U.S.

My question is: Is there anything else i need to do to prepare for the application or potential interview. I have disclosed all documents related to the incident, including the original citation, pretrial diversion papers, and dismissal of case.

Thank you in advance for you help.

 

[BigJoe5]

Check your math to make sure that the offense is outside your statutory period. IF you married a USC THEN you can use the 3-years before filing an N-400 as your statutory period instead of 5 years but it requires additional evidence of a bona fide marriage.

 

[samipasazade]

Check your math to make sure that the offense is outside your statutory period. IF you married a USC THEN you can use the 3-years before filing an N-400 as your statutory period instead of 5 years but it requires additional evidence of a bona fide marriage.

Thanks for the answer. I just want to make sure I understand it and that will answer another question i have.

I am applying based on 'being married to a u.s citizen and having been a permanent resident for 3 years'. I have also had the permanent residence for 5 years but i decided to check the first criteria on application. I am submitting 3 yrs of taxes and her birth certificate etc everything else that is required related to that. I figured that would be easier for me and a more powerful argument for requesting citizenship. We have been married for 10 yrs (as of a week ago). But in either case the offense was about 5.5 years ago. I believe they would be interested in any offense done since i first came to U.S., so I am trying to make sure everything is clearly and honestly put forward on my part.
I do have the option to choose between filing based on '5 yr permanent residence' or '3 yr permanent residence and marriage to US citizen', correct? because i satisfy both criteria.

 

[BigJoe5]

Thanks for the answer. I just want to make sure I understand it and that will answer another question i have.

I am applying based on 'being married to a u.s citizen and having been a permanent resident for 3 years'. I have also had the permanent residence for 5 years but i decided to check the first criteria on application. I am submitting 3 yrs of taxes and her birth certificate etc everything else that is required related to that. I figured that would be easier for me and a more powerful argument for requesting citizenship. We have been married for 10 yrs (as of a week ago). But in either case the offense was about 5.5 years ago. I believe they would be interested in any offense done since i first came to U.S., so I am trying to make sure everything is clearly and honestly put forward on my part.
I do have the option to choose between filing based on '5 yr permanent residence' or '3 yr permanent residence and marriage to US citizen', correct? because i satisfy both criteria.

The 5-year rule is easier as far as your requirement to submit documentary evidence is concerned. IF you qualify and the offense is old enough, go for it. This was a minor mistake and such mistakes are eventually forgiven under immigration law. During the interview the Officer can adjust the basis for the application (USCIS can change your application from 3 yrs to 5 yrs and vice versa or something else). I am a former INS/USCIS supervisory adjudications officer, and HQ subject matter expert. I was also a trainer and wrote much naturalization, citizenship, visa petition and other TRAINING material for the agency. You have nothing to worry about.

Good Luck.