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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default N400 - Apply As a Spouse of Citizen or LPR for Better Chances

    Hi there, I'm asking this question in regard to my husband's N400 application. At the age of 17 he was convicted as an adult of disorderly conduct and obstructing an officer and served one year of probation (1 year jail withheld) successfully. That case can now be expunged. At age 18, two cases against him were dismissed - theft and carrying concealed weapon (brass knuckles in the car). I've done a bit of research and our income is limited for a lawyer, but it seems that this should not bar him from getting his citizenship. We are going to take the risk of doing it ourselves.

    He is now 31 and has not been in any trouble; he has been in the states as a LPR since age 6 and entered as refugee. We have been married for 8.5 years (together for 13.5) and have 3 children. I have been a naturalized citizen for 15 years. I'm just wondering if you have thoughts on which one I should choose that hopefully will give him a higher chance of gaining his citizenship (due to his criminal record) - the spouse of a citizen or LPR for 5 years? I was thinking the spouse one so it would show his rehab and ties to family, job, supporting us, etc... Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: N400 - Apply As a Spouse of Citizen or LPR for Better Chances

    A criminal history isn't erased by marriage. If somebody is concerned that his criminal history will affect his naturalization he should discuss his situation in detail with an immigration lawyer.

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