N-400 Deffered prosecution to drop DUI charge/ Dismiss

[DC85 113]

But we all know the law is automatic guilt if your refuse the breathalyzer, and you refused.

what you know is not necessarily true !

[DC85 113]

Moe,

Just, as the first respondent mentioned ! Make sure your lawyer aware that your have a pending naturalization application, and if they found you guilty it will affect your eligibility. Most criminal lawyers have no experience in immigration law, The majority of innocent people plea guilty just not to risk having a hard punishment. In addition, most lawyers prefer not going to trial and make a deal with prosecutor. I pray for you my dear

[moe1985 8]

Moe,

Just, as the first respondent mentioned ! Make sure your lawyer aware that your have a pending naturalization application, and if they found you guilty it will affect your eligibility. Most criminal lawyers have no experience in immigration law, The majority of innocent people plea guilty just not to risk having a hard punishment. In addition, most lawyers prefer not going to trial and make a deal with prosecutor. I pray for you my dear

Thank you my friend! You are so right! My attorney has no clue how immigration process works and I had to tell him whats going on and what kind of deal would benefit me!!! He told me that he wants to work a deal out with the prosecutor/ DA and try to get me deferred prosecution so that the case will be dismissed after complying with what the court wants me to do! So, I did my research and I found that there are 2 types of deferred prosecution sentences, One of them does affect immigration and the other one does not! From what I understod is that as long as I dont admit guilt or/and put on probation, I should be fine! I told my attorney if you cant get me a deal without pleading gulty, then I have no choice but to go to trial!

Edited February 25, 2015 by moe1985

[Edkox 1]

Thank you my friend! You are so right! My attorney has no clue how immigration process works and I had to tell him whats going on and what kind of deal would benefit me!!! He told me that he wants to work a deal out with the prosecutor/ DA and try to get me deferred prosecution so that the case will be dismissed after complying with what the court wants me to do! So, I did my research and I found that there are 2 types of deferred prosecution sentences, One of them does affect immigration and the other one does not! From what I understod is that as long as I dont admit guilt or/and put on probation, I should be fine! I told my attorney if you cant get me a deal without pleading gulty, then I have no choice but to go to trial!

Did you went for N-400 interview? If yes, that is fine. If you haven't not go to the interview this can be a problem.

[moe1985 8]

Yes, I went to the interview and disclosed the incident. The officer gave me a form ( N14) and she also gave me until March 25 to send back certified court documents showing the results of court date/Judgment! If I dont respond within the specified time, my application will be denied!

Did you went for N-400 interview? If yes, that is fine. If you haven't not go to the interview this can be a problem.

Edited February 25, 2015 by moe1985

[Edkox 1]

This one worth a fight, defense attorney are not cheap but you need who knows his ABC. denying to Blowing a breathalyzer is not a criminal in many states, if they didn't take your blood test during admission in jail house, then you need to get a good lawyer. I am speaking from experience, a good lawyer can get this ####### out of your system in a minute. However, you need have cash.

This one worth a fight, defense attorney are not cheap but you need who knows his ABC. denying to Blowing a breathalyzer is not a criminal in many states, if they didn't take your blood test during admission in jail house, then you need to get a good lawyer. I am speaking from experience, a good lawyer can get this ####### out of your system in a minute. However, you need have cash.

This one worth a fight, defense attorney are not cheap but you need who knows his ABC. denying to Blowing a breathalyzer is not a criminal in many states, if they didn't take your blood test during admission in jail house, then you need to get a good lawyer. I am speaking from experience, a good lawyer can get this ####### out of your system in a minute. However, you need have cash.

[moe1985 8]

I hired one of the top DUI attorneys in my state! He really knows what he is doing! Becuase I refused to blow in the breathalyzer, the department of public safety suspended my driver license for 3 months ( Suspension started May 11) however, my attorney got my driver license back within a week by filing a civil suit aganist the department.

This one worth a fight, defense attorney are not cheap but you need who knows his ABC. denying to Blowing a breathalyzer is not a criminal in many states, if they didn't take your blood test during admission in jail house, then you need to get a good lawyer. I am speaking from experience, a good lawyer can get this ####### out of your system in a minute. However, you need have cash.

This one worth a fight, defense attorney are not cheap but you need who knows his ABC. denying to Blowing a breathalyzer is not a criminal in many states, if they didn't take your blood test during admission in jail house, then you need to get a good lawyer. I am speaking from experience, a good lawyer can get this ####### out of your system in a minute. However, you need have cash.

This one worth a fight, defense attorney are not cheap but you need who knows his ABC. denying to Blowing a breathalyzer is not a criminal in many states, if they didn't take your blood test during admission in jail house, then you need to get a good lawyer. I am speaking from experience, a good lawyer can get this ####### out of your system in a minute. However, you need have cash.

Edited February 25, 2015 by moe1985

[moe1985 8]

Case Update:

My court date was supposed to be today after when it was continued once before, however, due to the bad weather in Birmingham, AL area, my court appearance was cancelled. My attorney informed me that the next court appearance will be sometimes in April

Now, the problem is that the immigration officer gave me until March 25 to respond back with certified court document to make a decision on my pending N400 case. Please give me some advice on what to do next? Should I send a letter to the immigration officer and explain to her what had just happened? Do you guys think she would give me more time to resolve the case or is she going to deny the application?

Thanks for your help

[DC85 113]

Case Update:

My court date was supposed to be today after when it was continued once before, however, due to the bad weather in Birmingham, AL area, my court appearance was cancelled. My attorney informed me that the next court appearance will be sometimes in April

Now, the problem is that the immigration officer gave me until March 25 to respond back with certified court document to make a decision on my pending N400 case. Please give me some advice on what to do next? Should I send a letter to the immigration officer and explain to her what had just happened? Do you guys think she would give me more time to resolve the case or is she going to deny the application?

Thanks for your help

Contact your congressman asking for help. let them send a request on your behalf to Atlanta field office in order to extend the deadline for the rfe. I think this is the fastest way to get a response in writing.

[moe1985 8]

Thanks for the advice, I will do that!!

Contact your congressman asking for help. let them send a request on your behalf to Atlanta field office in order to extend the deadline for the rfe. I think this is the fastest way to get a response in writing.

[JimmyHou 610]

Case Update:

My court date was supposed to be today after when it was continued once before, however, due to the bad weather in Birmingham, AL area, my court appearance was cancelled. My attorney informed me that the next court appearance will be sometimes in April

Now, the problem is that the immigration officer gave me until March 25 to respond back with certified court document to make a decision on my pending N400 case. Please give me some advice on what to do next? Should I send a letter to the immigration officer and explain to her what had just happened? Do you guys think she would give me more time to resolve the case or is she going to deny the application?

Thanks for your help

You can do as the previous responder suggested, But you should also make an infopass appointment and go speak to someone in person.

[Karmalious 50]

any update on this case?

[moe1985 8]

Case update:

I just came home from court, let me tell ya, my attorney is the best in the world.... DUI charge is dismissed and reckless driving charge was reduced to improper lane and the case is completely closed. USCIS game until May 25th to respond back with court disposition documents, the clerk was very busy today and she told me to come back Monday to court and get the disposition to send for immigration. Thank you all for your support and good luck to those who are going in a similar situation. this has been such a huge experience. IF YOU EVER GET APPROACHED BY A COP, NEVER NEVER EVER TALK TO THEM UNDER NO CIRCUMSTANCES!

[zuluweta 250]

Thank you, I think pleading guilty is one of the condition that needs to be met before granting deferred prosecution!

I don't think this is correct. I never pleaded guilty to any charges but The prosecutor still offered deferred prosecution for me.

In my case (driving on a suspended license), charges were filed, deferred prosecution for one year on condition that I do not incur additional driving violations other than parking tickets for the duration of one year, then charges were dismissed after satisfying the driving condition.

USCIS AOS background check revealed nothing to the Feds and when I went to the courthouse to ask for a paper record, they had no record too so they just gave me a document stating I have no criminal record on file at the county court.

[moe1985 8]

Oh I see. Well , Now I dont have to worry about it. I got the DUI compeletely dismissed and the reckless driving was reduced to improper lane. No probabtion or anything from that nature. ITS OVER!

I don't think this is correct. I never pleaded guilty to any charges but The prosecutor still offered deferred prosecution for me.

In my case (driving on a suspended license), charges were filed, deferred prosecution for one year on condition that I do not incur additional driving violations other than parking tickets for the duration of one year, then charges were dismissed after satisfying the driving condition.

USCIS AOS background check revealed nothing to the Feds and when I went to the courthouse to ask for a paper record, they had no record too so they just gave me a document stating I have no criminal record on file at the county court.