Mattt

On 12/21/2023 at 6:42 PM, Marieke H said:

Backfile your taxes, bring copies and proof of payment/payment plans to your interview, and explain the situation during your interview.

Thanks for your quick response. I contacted the agency responsible for receiving my local taxes and they let me know it takes up to 60 days to process (because it’s been a few years it has do be done manually and mailed)Considering the holidays I believe I won’t make it in time for the filing and payment. Should I cancel the application and take no risks or reschedule the interview until I get this sorted out or … ?

thanks again

Hi everyone. Long story short I’m freaking out right now!

i have my n400 interview scheduled in a month and I just got a letter in the mail saying I have to file local taxes for 2022 so I call the number on the letter and they tell me it’s also 2018-2019-2020 . I didn’t know I had to file local taxes because my ex wife used to do it for both of us and then when we divorced I started filing my own and using TurboTax and the likes I thought it’s included. So now I have to back file local taxes for 2018, 2019, 2020 (I used a tax professional for 2021 taxes ). And I already answered NO to the n400 questions when they asked if you have taxes overdue and if you have ever NOT filed taxes. 
im feeling desperate right now. Is there anything I can do to remedy the situation? 

2 minutes ago, Pinkrlion said:

You stated earlier that your probation and other portions of your case did not end until November 2019, which is after you submitted documents for ROC.  They can always ask.  When you file for citizenship, they look at your entire record all over again.  

Yeah. When they sent me an RFE they specifically asked for proof that my probation was going well and I have achieved this and that progress at my ARD program which my PO wrote in a letter and I sent with the RFE.

16 minutes ago, Fahad86 said:

what you can do is take copies to county clerk office specially the court disposition and get it certified from the court. Try to explain the situation you are in. Since it is there copy they might be able to certify the document. Do have the expungement letter from the court as well which will say no court record exist. Good luck

You rock man. I'll go to the court clerk and see what happens! You never know until you try after all.

My gratitude to all for your feedback.
I'll look into a probono lawyer.
As far as the copies go, after the expungement you can't get anything from the court other than that there is nothing on your record. And all the dispositions and the originals, I submitted them to USCIS when they sent me the RFE for my RoC (i751). Would they still have them because they're the only people who do now! I I have copies but that's it. I mean they asked for originals and they go them.

52 minutes ago, Mike E said:

I would not file without consulting an experienced immigration attorney who is listed in your state’s bar and https://www.ailalawyer.com/ 

 

Your  lawyer can advise whether to file now, 5 years after the final disposition of the dui, or file at all. 

As much as I want to I can't afford one right now.
If I file now and get rejected because of the DUI thing, would that affect me filing again in another 5 years ? Would that look bad for the future that my application got denied (God forbid)?

Hey guys, just like the title suggests.

I was in the process of filling up the N-400 online form yesterday when i came across all those questions about record this and conviction that.
From my understanding there is no cut and dry answer when it comes the ARD program as the USCIS website suggests
 

Quote

1. Statutory Definition of Conviction for Immigration Purposes

Most of the criminal offenses that preclude a finding of GMC require a conviction for the disqualifying offense or arrest. A “conviction” for immigration purposes means a formal judgment of guilt entered by the court. A conviction for immigration purposes also exists in cases where the adjudication of guilt is withheld if the following conditions are met:

A judge or jury has found the person guilty or the person entered a plea of guilty or nolo contendere[8] or has admitted sufficient facts to warrant a finding of guilt; and

The judge has ordered some form of punishment, penalty, or imposed a restraint on the person’s liberty.[9]

It is not always clear if the outcome of the arrest resulted in a conviction. Various states have provisions for diminishing the effects of a conviction. In some states, adjudication may be deferred upon a finding or confession of guilt. Some states have a pretrial diversion program whereby the case is removed from the normal criminal proceedings. This way the person may enter into a counseling or treatment program and potentially avoid criminal prosecution.

If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes.[10]

Quote

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2#footnote-10

 

Here's the timeline of my DUI.

Sept 2018 Arrested for suspicion of DUI ( no one was hurt (i just got pulled over) no damages or accidents or children in the car, BAC was .11)

Finished all the necessary stuff for ARD before even starting the program (lawyers recommendation)

Feb 2019 started ARD program
May 22nd 2019 First probation week Nov 14th 2019 Successfully discharged from probation (total of 5 months and 23 days administrative probation)

June-July license suspended for 30 days

Jan 2020 filed for expungment

Feb 2020 official expungment letter received.

Now while all this was going on in 2019 before i got my expungment. My i751 was pending and USCIS wanted an explanation for the DUI case as well as all the probation and court documents until that point. which i filed in August 2019 and then I got my conditions removed and Green Card in the mail in Oct 2019.

July 2020 got divorced

Dec 2021, I qualify for the N400 filing based on the 5 years (first green card was Dec 2016)

The thing that bugs me is the 5 years statutory period my DUI obviously falls into that time frame. (3 years and 1 month from the date of the first incident and today if i file right now)

I have no other problems with the law or anything, got a Stop sign violation and it was dismissed in court and the fine i paid was refunded to me.

I found some encouraging information on this N400 thread

So to the big question is; What are my chances if I file at this moment ?