Immigration Issues/N400 filing delihma


Hi Mark

I had 2 questions regarding naturalisation process

1. I had an arrest 2.5 years ago which resulted in dismissal of charges no conviction. I am married to a US citizen I applied for citizenship 3 months ago. From what i understand a person has to show good moral charecter for 3 years. My fear is the application may be denied under descretion as i have applied before the 3 year time. Is the period counted from the date of "the act" in my case or from the date a person reenters the US ( i travelled out a month ago ). If its from the date of act then I am eligible to apply now question is can i put in a second application and kick off the process even though the first one has not been approved or denied ? Basically if the first one gets approved i loose filing fee with the second but save time if first get denied.

Thanks a lot for your help



You are required to show good moral character for five years prior to the date of your N400 application.  As a general rule, if you have not been convicted the USCIS could not use it.  There are exceptions to this rule, I would suggest that you consult with an attorney and provide him all documents related to the case to make sure.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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