Immigration Issues/n 400 application


 Dear Mr Mills,
  in a hypothetical situation, let's say a greencard holder pled nolo to shoplifting, class B misdemeanor, finished probation and paid fines etc.
 then applied for citizenship before 5 yrs had elapsed since probation finished. let's say the immigrant was interviewed by INS for the n400 application, INS requested certified copy of arrest report, when an attorney was finally  consulted, he advised that n400  application would certainly be denied because  the 5yr probation burden was not met. So the arrest report was not provided, the application was then closed by INS.
 now let's say the 5 yr mark has elapsed with no more violations, the immigrant would want to resubmit n400 application, the immigrant has made a FOIA request for the original n400 file, would that file include INS officer notes? will INS want their own copy of that old file to examine the notes, or would the immigrants copy be submitted at the n400 interview along with certified copy of  arrest report.
 In what ways do you think the first n400 closure will affect this second application. Or will this application be processed normally?

Your question is really too specific and broad for me to answer entirely in this forum.  However, the first case will certainly be considered and any misstatements or maybe even omissions could be a problem.  Convictions outside the 5 year look back period can be considered when considering good moral character but they cannot be the only factor that the service cites as evidence of poor moral character.  If there is something in the previous filing, the service could use that as a link.

In a response to a FOIA, the service removes any information they feel is confidential.  This may include large portions of the interviewer's notes.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

©2016 All rights reserved.