Q&A: Can CIS deny my naturalization application if I was arrested 3 years ago but never been charged or convicted?


Q:  I was arrested three years ago; however, I was never been charged or convicted.  I want to know if that is enough reason for CIS deny my citizenship application.

A:  In general, conviction of most crimes within the five or three statutory period would render you ineligible for naturalization.  CIS can deny your N-400 for lack of good moral character.  However, conviction of a crime is not absolutely required to show lack of good moral character.  If CIS has sufficient evidence to show that you did not have good moral character during this period, CIS can still deny your N-400 application.  Situations where you may be considered lack of good moral character may include immigration fraud or misrepresentation in your N-400 application or at interview; serious criminal charges with strong evidence but the case was dropped due to technical reasons.