In the last 5 years (3 if married to a USC), have you had any arrests, citations, DUIs, child-support arrears, missed tax filings, or anything else USCIS could view as a character concern?
In short
**Statutory bars require denial.** Aggravated felonies (INA § 101(a)(43)), controlled-substance offenses, two or more crimes involving moral turpitude, an offense for which an aggregate sentence of 5+ years was imposed, prostitution, alien smuggling, polygamy, false testimony to obtain immigration benefits — each is a per-se GMC failure. **Discretionary issues** (multiple DUIs, child-support arrears, unfiled or unpaid taxes, lying on a USCIS form, dishonest dealings) require denial when the totality of the record outweighs the positive factors.Context & Examples
Real example — Aisha, Mesa. Aisha had two DUIs in 2021 and 2023. Each one was a misdemeanor under Arizona law. Pro se, she would have been denied — two DUIs in the period is virtually always a discretionary GMC failure. We did not file her N-400 right away. Instead: we waited until both DUIs aged out of the 5-year window (refiling in 2027 after 4 years past the second), built a record of completed treatment program, AA attendance logs, two letters of support from her supervisor and pastor, and a sworn declaration explaining the underlying circumstances. Approved on the first interview.
Hidden risk most pro se applicants miss: Filing an N-400 invites USCIS to re-examine your entire immigration history. If your green card was issued through a marriage that ended quickly, or based on an asylum claim with internal inconsistencies, or with an unanswered question on the original I-485, the agency can deny the N-400 and place you in removal proceedings under INA § 318. We always re-audit the underlying I-485 file before recommending an N-400 filing.
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