Lisa Modhwadia
Jun 16, 2021
N400 decision Newark, NJ
Hello friends, my husband submitted his N-400 in 2/14/2020, he got his interview in 4/29/2021, since then no update in his case, in the past he got a couple arrest like 2 WDUI, resisting to arrest, car loud radio. He was young and stupid and immature ( That was more than 10 years ago). How much long we have to wait? My daughter and I we submitted I-130 application and obviously our cases relies on my husband's case, we can't even submit adjustment of status because of this situation.
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G BJun 16, 2021
Does your husband have a green card right now? Are you and your daughter already in the US?
Lisa ModhwadiaJun 16, 2021
@GB yes my husband is been green card holder for more than 30 years, I am in the US, my daughter is not, we can't adjust status because I don't have a lawful status.
Lisa ModhwadiaJun 16, 2021
By the way, he passed test, interview and I've seen people committing worst crimes and even convicted and they are US citizens now.
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Eko LawJun 16, 2021
Did he mentioned WDUI in application? If not it's a good and simple basis to denied his citizenship. Besides, why chose to become citizen with 2WDUI?. my opinion is that he can get his family permanent residence and they can become US citizens faster than him. Again, did ur husband got a lawyer or attorney advice for his application. He needs one for a case like this. This is just an opinion.
Lisa ModhwadiaJun 16, 2021
Of course he hired a lawyer, and inmigration law allows you to apply for inmigration benefit if you don't have any criminal record in the last past 5 years and the financial situation. Also the person can apply for an inmigration benefit depending on the crimes, our attorney saids only if you committed something really serious like a federal crime, or being a child molester or if the person committed fraud to get inmigration benefit ( like pay someone to get married) is the only way to get his application denied. He listed his crimes in the application and he added copies of all his disposition papers.
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Eko LawJun 16, 2021
Well taking. When was the WDUI committed? Within 5 yrs? and did he mention it in application, or during interview?
Lisa ModhwadiaJun 16, 2021
He had his 2 WDUI 10 years ago, and you have to list all your crimes in the application, there is section named part 12 or the YES or NO questions and they ask you if have you ever committed a crime and if the answer is YES you have to mention when, where and the outcome. Inmigration knows everything they already have this information but they just want to see if you are an honest person and see if the person is trying to hide something. My husband listed in the application and added all dispositions papers, the diplomas when he was in probation ( he had to take clases). Even during the interview our attorney was there.
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Eko LawJun 16, 2021
Good
Lisa ModhwadiaJun 16, 2021
In this same community I read a case about a guy applying for citizenship and he had interview in the same field office (Newark NJ) and he mentioned he was convicted for Grand Larceny and he is citizen now. My big question is why my husband's case is taking so damn long to take a decision?
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Eko LawJun 16, 2021
The other case u mentioned u only talk about granting citizenship but u don't say anything about how long it took the person involved to get it. So when a case has this dimension we need a lot of patience because they too need to check record to make sure applicant don't leave anything out or may be he's crime inclined person but only holding on bcos of citizenship. So they want to delay may be he will commit another offense that will further prolong the case. So patience and staying out of trouble.
Lisa ModhwadiaJun 16, 2021
he shared his timeline
M BJun 17, 2021
USCIS has 120 days from the day of your husband’s interview to make a decision. you must remember just bc someone else with a criminal record is a citizen, it doesn’t mean the same thing happens to everyone with a criminal record. it’s all up to the agent who handles the case. waiting doesn’t mean it’s been denied either. know they have until August 27, 2021 to give your husband a response. best of luck!
Lisa ModhwadiaJun 17, 2021
@MB, Thank you, our attorney mentioned the 120 days rule to USCIS take a decision, if they don't take a decision in that period, we can inquiry or worst case scenario a Mandamus law suit.
Lisa ModhwadiaJun 17, 2021
If the case is denied, we still can appeal and request for a different inmigration officer to review the case.
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Eko LawJun 17, 2021
Sure, but base on reason(s) given and chances that you can overcome them b4 30 days
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kebs KebsJun 30, 2021
I am very positive they will approve him.. I have seen worser case been granted.. just be patient and remember to share the good news with me.. good

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