Decision cannot be made at this time NYC

[numptynyc 1]

Hi, 

 

 My mother had her interview and though she passed the tests her form says that a decision cannot be made at this time. In 2006 my mother plead guilty to misdemeanor fraud(poor English  and no money for a decent lawyer). Afterwards she received her green card in December 2008. This is the only blemish on her record and application. Thoughts? She is going to her lawyer tomorrow.

Edited April 17, 2019 by numptynyc

[Lemon23 400]

12 minutes ago, numptynyc said:

Hi, 

 

 My mother had her interview and though she passed the tests her form says that a decision cannot be made at this time. In 2006 my mother plead guilty to misdemeanor fraud(poor English  and no money for a decent lawyer). Afterwards she received her green card in December 2008. This is the only blemish on her record and application. Thoughts? She is going to her lawyer tomorrow.

It's a normal process specially with case like this since they need to re-verify all the information that your Mom submitted and to make sure your mom have a good moral character. Also, this kind of case needs supervisor approval as well before approving the case. Some of the people I know here in VJ have the same experience and got their approval after a week if your Mom case is not critical or complicated. Hopefully your Mom will get the approval soon.

If your Mom did not receive an update from USCIS after 120 days, she can follow up her case,. By law, USCIS require to response within 120 days about the status of applicant case.

[numptynyc 1]

Gotcha. Appreciate the response.

[numptynyc 1]

Hi, just to give some more info.

 

Here is the disposition

https://imgur.com/a/BQg63pc

 

No time in jail and paid a fine

 

She plead guilty to PG 155.25 I found this site that expands on it Theft as Petit Larceny. The lowest-level theft offense in New York is called "petit larceny," or petty theft, which is the unlawful taking of property or services valued at no more than $1,000. New York law classifies petit larceny as a class A misdemeanor. (N.Y. Penal Law § 155.25.) 

 

 

She'll for sure go to her lawyer tomorrow, I'll post updates.

 

[geowrian 22,336]

Sounds like a possible CIMT (but petty offense eligible). But given how long ago it was, I'm skeptical it would ultimately impact the GMC decision, especially since it was before she got her green card (and presumably it was disclosed at that time).

[numptynyc 1]

It was disclosed in the green card application as well, heres a pic of the I-485  https://imgur.com/a/gV3dTF5

 

 Looking at it now, I'm annoyed the lawyer(?) wrote out "insurance fraud and conspiracy". Though those are charges(scary felonies) brought at arraignment according to the disposition she was not found guilty of those, why write them out in the application, dude? not a good look.

 

[Going through 5,668]

With USCIS, what matters more is what the final court disposition says as to the actual charge and outcome (if any) from those charges.

 

Don't be too annoyed with the lawyer---whether he wrote them out or no, the case details would have been discovered anyhow from the accompanying court paperwork sent in at the time.

 

Personally, I don't think he should have scribbled them out on top of the application questions as he did, but at this point it's irrelevant.

 

Any N400 application with criminal history has to undergo supervisor review before final approval.  Hopefully you'll hear something sooner rather than later.

[numptynyc 1]

randomly checked her case online and it says shes scheduled for her oath ceremony >>> https://imgur.com/a/dByqEbe

 

 

we havent received anything in the mail yet but this means she is set, right?

 

 

[geowrian 22,336]

Congrats to her! Nothing is guaranteed until she completes naturalization, but they would only schedule the oath ceremony if they believe she is eligible at this time.

[Going through 5,668]

3 hours ago, numptynyc said:

randomly checked her case online and it says shes scheduled for her oath ceremony >>> https://imgur.com/a/dByqEbe

 

 

we havent received anything in the mail yet but this means she is set, right?

 

 

Wonderful!  Generally, it takes 7-10 business days for the letter to arrive in the mail.  

[numptynyc 1]

Awesome! Thanks, guys. I’ll be sure to drop an update once she’s done done.

[Lemon23 400]

28 minutes ago, numptynyc said:

Awesome! Thanks, guys. I’ll be sure to drop an update once she’s done done.

Congrats to your Mom.