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I'm very very confused about the N400 application regarding the good moral character questions.

Tulsa, OK |

Good Moral Character - I have always thought that this only applies the past 5 years prior to filing the application (or 3 years, if you apply by US Citizen spouse). Were the forms changed recently or maybe I just have my facts wrong?

I have been in the US for the past 10 years as a legal resident. Upon submitting my N400 application, I only based my answers about the good moral character during the past 5 years. Now as I am browsing forums and such, I have read that most people do not follow that 5-year rule and actually disclose everything (arrests, charges, traffic violations) since they entered the US.

Now, I am getting very scared that the USCIS might think I lied to them or withheld information from them. My interview is in 10 days. Should I still make changes to my application?

Attorney Answers 3

  1. Depends on what exactly it was that you failed to disclose.

    True, in trying to establish GMC (or lack thereof) USCIS has the discretion to inquire beyond the statutory period of 5 or 3 years, as the case might be.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. There is no limited time period used to ascertain one's GMC. USCIS simply looks at the last five years more closely.

    You should be prepared with additional information as necessary. If you have a criminal record, you should be prepared to produce documentation and to be able to answer as to why your application did not include the information.

    To be better prepared for the date you may want to consult an experienced immigration attorney before your interview.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

  3. When completing forms, one should always read the full instructions and questions fully and carefully. Here, you are admitting you did not do so. You will need to correct any wrong answers at the interview.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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