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thelector

hindrance to naturalization? Criminal charges from another country

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Hi,

My cousin F1 is in her 5th yr as lpr and wants to apply for us citizenship. Question is she has been charged with estafa in the Philippines due to bouncing checks she issued before leaving manila to Usa in 2010. Warrant of arrest has also been served and she couldn't go home to Manila for fear of facing these charges. Will this be a blow to her application for us citizenship? She's pretty ok in the Us for the last 5 years. No charges and is earning well already.

Note: Charges filed but no conviction.

Your thoughts are well appreciated.

In my note, charges have been filed in Manila and no conviction. Just to state further explanation.

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Hers is a very complicated and serious issue. I would suggest that she talks to an expert immigration lawyer than consulting it here, although reading answers from members here would give her an idea.Wishing her luck.


N-400 process

03/03/16 Submitted N-400 application and docs
03/09/16 USCIS ackn rcpt (txt, email, and NOA1) and chk cashed
03/29/16 Biometrics (walked in - orig date 04/05/16)
04/04/16 In Line for an Interview (txt, email, and checked case status)

05/16/16 Scheduled for an Interview (Case Status Online)

05/20/16 Received I/L
06/24/16 Interview date (PASSED)
07/20/16 Oath-taking at LACC ( I AM NOW A US CITIZEN!!!)

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Pending charges and a warrant of arrest in any country in the world will definitely impede her from naturalizing. She would need to first have the charges dropped and the warrant quashed/overturned in the Philippines before bothering to apply for citizenship in the U.S.

I'm assuming the charges and warrant happened AFTER she had already obtained her green card. If these problems occurred before or while she was adjusting her status, and she didn't disclose these things to USCIS while AOSing, she'll be in trouble now for lying.

Also, you state your cousin is an F1 and and LPR. F1 is a non-immigrant visa and LPR is under the immigrant category, so she's only one or the other. Could you clarify which one she is?


 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

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Thanks. She's f1 unmarried daughter of us citizen. The warrant happened after arrival in Us.

So it's a 5-year old warrant? It's best to take care of this. No point guessing if it'll be in a issue in the N-400 process. Just deal with it, pay the fines, etc.., and move forward. The biggest problems arise from not dealing with simple things when they occur and letting them fester into large problems. Hire a lawyer if you have to. Just take care of it.

There's no magic solution.


Feel. The. Bern.

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