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Filed: Citizen (pnd) Country: Venezuela
Timeline
Posted

Hello everyone, I am seriously thinking about doing a written Mandamus, I have a misdemeanor and I sent my NOLLE PROSSEQUI as additional evidence, also I have already had 2 interviews.

I made my e-request and today I received the letter where they need to do an 'extended review'. It has already been more than 120 days, to be exact 163 days since the second interview. I also sent a request to my congressman, but they told me that I have to wait 4 to 6 weeks to get a response, In conclusion, I would like to know what the timeframes are for the Judge to decide on my case.

Thank you all for the support

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)

You need to see a lawyer.  
 

You can do writ of mandamus but given the criminal conviction my fear is USCIS will come back and say: ok, case denied.  
 

Alternatively you can sue in federal court and have the case moved to court where instead of seeking a WoM toy have the court take jurisdiction and decide your case and it successful, administer the oath of citizenship there.  
 

Normally with a criminal conviction one should consult with a lawyer before filing N-400 as it can be dangerous to do so.  
 

Did you ever try to have your criminal record expunged? 

Edited by Mike E
Filed: Citizen (pnd) Country: Venezuela
Timeline
Posted

Hi Mike, thanks for answering... my case was NOLLE PROSSEQUI, and I don't have a conviction, and I was only in the detention center for 3 hours...

 

"The term “nolle prosequi” is a Latin phrase that means “unwilling to pursue.” Pronounced as nol·le pros·e·qui (nälē ˈpräsəˌkwē), the term is sometimes abbreviated as “nolle prosse” or “no pross.”

Under common law in the United States, the term was used by the prosecutor to declare voluntarily ending a criminal case after the filing of formal charges but before the case could be dismissed by the court or a verdict could be rendered at trial.

Is nolle prosequi a good thing? Yes, the “nolle prosequi” is good because it represents the formal notice of abandonment of the prosecution without a conviction."

 

  • 9 months later...
 
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