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N-400 APPLICATION Questions. Please advise!!

Bothell, WA |

Hello All,

This is my 1st post on this forum and hoping to get some advice/feedback from all the knowledgeable folks here. Received GC based on Asylum in 2010 back dated to 2009. Married to a US Citizen 2011, and will be applying for Citizenship based on marriage 3 year rule. Please let me know If I can apply based on marriage with 3-year rule even though my GC was granted through Asylum??

My Second Questions is : Good Moral Character.(Part 16). Have you ever been arrested, cited or detained by any law enforcement officer? If YES (based on my traffic tickets) how far back do I have to go to disclose the details. e.g. Citations I got after becoming a Permanent Resident OR all traffic tickets for last 3/5 years OR everything ever since I enter US.

Attorney Answers 4

Posted

You 'probably' qualify for the 3 year rule

You should list ALL crimes/citations/violations ... it is better not to leave anything out.

You should consider lucky to have been given asylum and a greencard ... spend some money and have an attorney help with this super-important final step.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

You appear to qualify to apply three months before your LPR three year anniversary provided you are still married to a USC.
Also, list your entire and complete citation history with dispositions as required.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

No, you have not been married to a USC for 3 years. You are confusing separate issues. You could apply in 2014. Check 319 of the INA. Better yet, sit down with an immigration attorney with all the facts and hash it out.

The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.

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3 comments

Pablo Husayn Nossa

Pablo Husayn Nossa

Posted

Yes, list all citations. You will not need to document citations for traffic violations that are less than $500 and did not involve an arrest and were not drug or alcohol related.

Asker

Posted

My 3 years will be up in January 2014 (based on marriage Jan 2011) so I should be eligible to apply in October, 2013?

Pablo Husayn Nossa

Pablo Husayn Nossa

Posted

That is correct.

Posted

Best to retain an immigration lawyer

www.Low-Fee-Immigration-Lawyer.com

John Lassen 1-877-252-4630

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