My naturalization was denied because they said I gave false statements. A few years ago a store said I was shoplifting but it was a mistake. I was given ACD and it was dismissed. On my N400 I put I was not arrested but apparently this was a mistake as I guess now I know I was. Due to this my N400 was denied due to misrepresentation. I did N336 and tried to explain but they did not agree. When can I reapply for N400? Do I have to wait 5 years or can I apply again and put that I was arrested?
You can reapply at another time, and you do not have to wait 5 years, but you should provide an affidavit that you mistakenly answered "no" to the question about being arrested (perhaps you thought that since your record was sealed after ACD that it didn't "count"). You should also provide information about your arrest including your ACD and any information that your record was expunged. You may want to hire an immigration attorney who can assist you in putting together a convincing N-400 application.
I agree with my colleague here. You need to consult an experienced immigration attorney. At Brandt immigration we have over 10 years experience successfully representing immigrants.
Chad M. Brandt
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