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Naturalization Civic & English test passed: Decision not made because of arrest

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Hello Everyone,

I have my Naturalization interview on August 18,2015. I have passed the tests of English and U.S history and government. A decision cannot yet be made about my application because I was arrested for public intoxication after I submitted the N-400 form. I explained everything to Immigration officer and I gave him the paper of my arrest and my court date. First time I went to court I pleaded not guilty so I have a trail on beginning of September. It is my first offence of any kind during my 9 year stay in USA. If I am not mistaken he told me they usually take 30 days to make decision in this type of case. He asked me to submit final court depositions by Sep 18, 2015. He also printed me a letter that says what and when he exactly needs. Also I was given a pink envelope with USCIS address on it on which I have to enclosed the court paper and the letter he gave and send it back to him. It does not look like it is a big issue because of the way he explains everything to me. He told me it is noting to worry about, he just need the final court deposition. Has any one been through the similar circumstances? I am assuming the decision will be made on the outcome of court. What happens if I am pleaded guilty? Is a misdemeanor will result in denial of my application? I will be real appreciative for any information provided.

Thanks in Advance.

Krishna

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You can't just plead guilty to get court order sooner. Pleading guilty might have great impact on your life too. You can ask for rfe extension if you can't meet it on time. IO will understand these situations.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Nancy is spot on. USCIS cannot process your naturalization till you give them a certified copy of your disposition.


 

 



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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USCIS can NOT make any decision while you have an open criminal case. For best results, you will need to have this charge dismissed, as I highly recommend you to hire a good attorney to assist you with your criminal case. Once the case is resolved, make sure to send your court disposition by the deadline which they have set. If you think you need more time to resolve the case, you will need to contact your field office and request more time ( Deadline extension for evidence request) and they should be able to give you more time.

Dont risk it and go to court on your own, YOU WILL NEED A LAWYER FOR THIS.

Good luck.

Edited by moe1985

AOS---Mailed 6/6/2008

Check cashed---6/16/2008

Noa's received--6/18/2008 (date of 6/13/2008)

Biometrics appt--7/9/2008

EAD(Card production ordered )--(October 2, 2008)

EAD Recieved--10/10/2008

I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS-Current Status: Notice Returned as Undeliverable--

12/02/08

01/22/09--Interview. PASSED.

01/23/09--Card production ordered.I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

02/07/2009-- 10 Years Green Card recieved.

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Thanks everyone. I have already hired an attorney. Is USCIS just looking for a final court depositon? Are they going to look the application the same way regardless the outcome( Guilty or Not guilty)? Or not gulity means approval? And Guilty means denial? I will call the local field office if I need more time to send the requested documents. My I O was real helpful and friendly.

The way he explains makes me feel like it is not a big deal at all. Is he the one who makes a decision on my case after I sent the court deposition or someone else will review my

application again? When I asked him what if court does not make a decision on that day, he told me it is neither a murder trail nor a felony trail, so I should get a decision on the first trail date. I did not explain my attorney about my immigration issue yet. Should I explain him everything or just keep on saying just dismiss the case without any probation? Looks like If I got a probation, i have to wait till the probation gets over before USCIS do anything. What about the community service?

Thanks everyone again for the information. I have learned a lot on how to handle the situation. Over all, the main mission will be to dismiss the case rather than pleading guilty just get the final disposition sooner.

Edited by krishna123456

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If you plead guilty , it may impact your case. Furthermore, USCIS define conviction in several way, click on this following link and read it.

http://www.ilrc.org/files/documents/n.2-definition_of_conviction.pdf

Thanks everyone. I have already hired an attorney. Is USCIS just looking for a final court depositon? Are they going to look the application the same way regardless the outcome( Guilty or Not guilty)? Or not gulity means approval? And Guilty means denial? I will call the local field office if I need more time to send the requested documents. My I O was real helpful and friendly.
The way he explains makes me feel like it is not a big deal at all. Is he the one who makes a decision on my case after I sent the court deposition or someone else will review my
application again? When I asked him what if court does not make a decision on that day, he told me it is neither a murder trail nor a felony trail, so I should get a decision on the first trail date. I did not explain my attorney about my immigration issue yet. Should I explain him everything or just keep on saying just dismiss the case without any probation? Looks like If I got a probation, i have to wait till the probation gets over before USCIS do anything. What about the community service?
Thanks everyone again for the information. I have learned a lot on how to handle the situation. Over all, the main mission will be to dismiss the case rather than pleading guilty just get the final disposition sooner.


AOS---Mailed 6/6/2008

Check cashed---6/16/2008

Noa's received--6/18/2008 (date of 6/13/2008)

Biometrics appt--7/9/2008

EAD(Card production ordered )--(October 2, 2008)

EAD Recieved--10/10/2008

I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS-Current Status: Notice Returned as Undeliverable--

12/02/08

01/22/09--Interview. PASSED.

01/23/09--Card production ordered.I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

02/07/2009-- 10 Years Green Card recieved.

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This is a tough one because of the timing. Is your pretrial in September or is the actual trial in September? I guess the trial because you previously pled not guilty. Seems like you've already set your path. Go to trial, Fight the case, and hope you get a not guilty verdict. You would obviously need an attorney for this, but if you win, then you could have your disposition papers before the deadline.

Other option is probation. But probation can last several months, so that probably won't help your timing situation.

Maybe ask USCIS for an extension?

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Thanks for the information. I have the court date Tuesday. Can some one please answer this question to me: Is the same IO who interviewed me is going to take a final decision on my case or some one will also reveiw my case after I send the final paper from court house?

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Good thing public intoxication isn't a crime under the moral turpitude definition. You should be OK. If your lawyer is worth his salt, this should be resolved (hopefully) in your favor.


100% Naturalized U.S.D.A. Prime American

proud_filipino_american_trucker_hat.jpg?

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Thanks for the information. I have the court date Tuesday. Can some one please answer this question to me: Is the same IO who interviewed me is going to take a final decision on my case or some one will also reveiw my case after I send the final paper from court house?

Can you answer some of our questions so we can better help you?

What event is on Tuesday? Your actual trial. Or is it a pre-trial hearing. What is your plan? fight the case at trial and hope to get a not-guilty verdict? Or ask for probation?

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