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N400 denied because of bad moral characteristic. When should I re-apply for naturalization? I am married to a US Citizen

Santa Ana, CA |

Dec 14, 2008 --- Married to US Citizen
Jun 17, 2009 --- Received my green card
Dec 21, 2009 --- Arrested for shoplifting
Sep 19, 2012 --- File N-400
Jan 07, 2013 --- N-400 Interview
Officer asked for additional documents about my marriage and said the supervisor will review the shoplifting case.
Jan 08, 2013 --- Sent USCIS additional documents about marriage
I assume USCIS will consider my marriage is in good faith but it will deny my application based on bad moral characteristic. When can I re-apply for Naturalization?
(1) --- Wait 3 years (after the arrest) for the arrest to be cleared if I am married to a US Citizen. Meaning I can re-apply RIGHT AFTER they deny my N-400.
(2) --- Wait 5 years for the arrest can be cleared (re-apply after Dec 21, 2014)

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Attorney answers 3


You need to wait for 5 years from the date you serve your sentence. Then, you can re-apply, Hire an attorney to advise you how to build a record of rehabilitation.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova


I agree with Alena. You are to show good moral character for 5 years before filing. Also if you are on probation, you should wait.

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You applied too early within five years of your conviction. Next time hire a lawyer so this complication will not arise.