N-400 Application and Prosecutorial Discretion

Question details

What happens when an applicant for naturalization is eligible, but also subject to removal because of a crime committed outside the statutory period? If it is determined that the application will be held in abeyance pending the outcome of removal proceedings, is there a process for evaluating prosecutorial discretion? Would an offer to withdraw the N-400 application be a favorable factor in the consideration for prosecutorial discretion?

USCIS provides Information on Filing Form I-539

USCIS reminds applicants to include all required evidence when submitting Form I-539, Application to Extend/Change Nonimmigrant Status. The required initial evidence for nonimmigrants requesting an extension of stay is included in the instructions for Form I-539. Initial evidence is required for all applications regardless of whether they are electronically filed in USCIS ELIS or mailed to USCIS. 

Demand Data Used in the Determination of Employment Preference Cut-Off Dates

Each month, the Visa Office subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and CIS Offices, grouped by foreign state chargeability, preference category, and priority date. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000 applicants, the category wi