moe1985

Thank you, Tbone. Yes, I would rather do that as it gets confusing sometimes to keep up with several threads regarding the same topic. Thank you for your help, TBONE

Great news!

Mo, if you would like for this thread to be closed in favor of your other one on the topic, hit the "report" button, make the closure request, and ask that a link to this (to-be-closed) thread be added to your other (active) thread (in your report, include the link to that thread).

Choosing to do the above is completely up to you.

Last Fri. a family member got arrested for a DUI 1st offense and refused to take a breathalyzer. His ROC I-751 has been pending almost a year through VSC, and he also filed for N-400 and did fingerprints already. He has no other criminal history. I've read through past threads and it seems like USCIS will put the natz on hold until the criminal case is done. He may be able to take the citizenship exam but they will not make a decision. Correct?

dning

I also read some other posts who said you can't finish natz when you're on probation. I assume he'd get probation for this, so if natz is "on hold", is there a time limit? It would be sad to lose his filing fee when he's looking at $3,000 for the DUI. Any idea if he'd need to refile if its put on hold for the probationary period?

First, he needs to hire an attorney, who specializes in DUI cases, not just any attorney! Make sure, that the attorney is a registered member in the national DUI defense association! Once the attorney is hired, he needs to be aware of the immigration case and the negative impact would be if the defendant pleads guilty! This is crucial that this case gets dismissed and closed right then on the day when he appears in court. Some lawyers will work out a deal with the judge for a court referral, which requires the defendant to do several things over a period of time ( probation) to comply with with the court order, such as : Attending AAA class or being randomly tested for drugs and alcohol! Well, USCIS looks at this as a form of punishment and guilt, not to mention that the defendant will be already on probation and USCIS cant approve someone, who is on probation, its an automatic denial!. Bottom line, this case needs to be dismissed and closed on the day he appears court for the best outcome, otherwise he will be denied for the citizenship application but, WILL NOT BE DEPORTED !

Good luck!

Two things, a DUI will may remove him from the country , your N400 won be approved until the I751 gets approved which may not happen.

http://www.alllaw.com/articles/nolo/us-immigration/dui-dwi-lead-revocation-of-your-green-card.html

Green Card is a right, however, the U.S citizenship is a privilege. He can get denied for U.S citizen if he was found guilty in court. A deportation wouldn't be possible here based on the story!!

Once I get the oath letter in he mail, I will come back and update my name in the above table!!!!

After 2 years of waiting for a decision, luckily I got this today

Its about time.....Took them 2 years to decide! LOL. Thank you everyone for your help and support. I greatly appreciate it and I wish everyone a happy SUMMER!!!!!!!

Case Update:

My case status is '' Post Decision Acitivity" .

Case Update and a little bit confused! Why I have different notifications? Thanks everyone....

Case Under Supervisor Review : On July 1, 2016, your case, Form N-400, Application for Naturalization , Receipt Number NBC*********** was submitted to a supervisor for review. This is a standard process we use to ensure the quality of our decisions. We will let you know if we make a decision or need anything from you. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

On the other hand, I had received an email ( Electronic notification as I requested on USCIS site)

That's totally different from the status on USCIS web! Here is the Email There has been a recent processing action taken on your case.

Receipt Number: NBC****************

Application Type: N400, APPLICATION FOR NATURALIZATION

Your Case Status: Post Decision Activity

On July 1, 2016, your case, Form N400, APPLICATION FOR NATURALIZATION, Receipt Number NBC*********************, was submitted to a supervisor for review. This is a standard process we use to ensure the quality of our decisions. We will let you know if we make a decision or need anything from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

• Log-in to your myUSCIS account to view your case history and understand what you can expect to happen next on your case.
• Current processing times can be found on the USCIS website at under Check Processing Times.

:

Case Update and a little bit confused! Why I have different notifications? Thanks everyone....

Case Under Supervisor Review : On July 1, 2016, your case, Form N-400, Application for Naturalization , Receipt Number NBC*********** was submitted to a supervisor for review. This is a standard process we use to ensure the quality of our decisions. We will let you know if we make a decision or need anything from you. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

On the other hand, I had received an email ( Electronic notification as I requested on USCIS site)

That's totally different from the status on USCIS web! Here is the Email There has been a recent processing action taken on your case.

Receipt Number: NBC****************

Application Type: N400, APPLICATION FOR NATURALIZATION

Your Case Status: Post Decision Activity

On July 1, 2016, your case, Form N400, APPLICATION FOR NATURALIZATION, Receipt Number NBC*********************, was submitted to a supervisor for review. This is a standard process we use to ensure the quality of our decisions. We will let you know if we make a decision or need anything from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

• Log-in to your myUSCIS account to view your case history and understand what you can expect to happen next on your case.
• Current processing times can be found on the USCIS website at under Check Processing Times.

:

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.

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.

I am sorry to hear about your ordeal! my thoughts to you is that have all of this dismissed and make sure the language of the plea agreement between your attorney and the prosecutor does not include anything incriminating your wife! In the eyes of USCIS, there are 2 definitions of convictions! The following types of court adjudications will show guilt, even if charges were dismissed :

1. Probation sentences
2. Deferred sentences
3. Expunged convictions
4. Pretrial interventions such as conditional discharge if accompanied by a guilty plea or plea of no-contest

With that being said, you need to wait on sending the N400, have all charges dismissed and make sure your criminal defense attorney understands the correlation between the outcome of the case and the naturalization moral of character requirements ! best of luck

Please note that I am not an attorney, I am just speaking from a personal experience and I have done some intense research on this.

Thanks , Damara. I appreciate it. me too, i am glad this is nightmare is overrrrrrr.

good to hear!

I dont see any USCIS issues. Improper lane? psst. non issue. You should have all the formalities done soon. Very happy to see it all worked out.

1. Congratulations!

2. Largely excellent advice. See:

http://www.youtube.com/watch?v=yqMjMPlXzdA

and read:

https://www.aclu.org/files/kyr/kyr_english.pdf

Thanks Tbone, I will check it out!!!!!! have a great weekend!

Thank you, TBONE TX.

Hey brother, thank you so much for all of your support...I am so happy that all of this is gone.I hope immigration will approve my application after when i send the court document, I wouldnt think the improper lane would be any issue, what you think?

Congrats Bro. I was sure, this is what gonna happen. Please, update us regarding your citizenship case.

I was thinking to PM massage to check on your case.

Oh I see. Well , Now I dont have to worry about it. I got the DUI compeletely dismissed and the reckless driving was reduced to improper lane. No probabtion or anything from that nature. ITS OVER!

I don't think this is correct. I never pleaded guilty to any charges but The prosecutor still offered deferred prosecution for me.

In my case (driving on a suspended license), charges were filed, deferred prosecution for one year on condition that I do not incur additional driving violations other than parking tickets for the duration of one year, then charges were dismissed after satisfying the driving condition.

USCIS AOS background check revealed nothing to the Feds and when I went to the courthouse to ask for a paper record, they had no record too so they just gave me a document stating I have no criminal record on file at the county court.

I just came home from court, let me tell ya, my attorney is the best in the world.... DUI charge is dismissed and reckless driving charge was reduced to improper lane and the case is completely closed. USCIS gave me until May 25th to respond back with court disposition documents, the clerk was very busy today and she told me to come back Monday to court and get the disposition to send for immigration. Thank you all for your support and good luck to those who are going in a similar situation. this has been such a huge experience. IF YOU EVER GET APPROACHED BY A COP, NEVER NEVER EVER TALK TO THEM UNDER NO CIRCUMSTANCES!

Case update:

I just came home from court, let me tell ya, my attorney is the best in the world.... DUI charge is dismissed and reckless driving charge was reduced to improper lane and the case is completely closed. USCIS game until May 25th to respond back with court disposition documents, the clerk was very busy today and she told me to come back Monday to court and get the disposition to send for immigration. Thank you all for your support and good luck to those who are going in a similar situation. this has been such a huge experience. IF YOU EVER GET APPROACHED BY A COP, NEVER NEVER EVER TALK TO THEM UNDER NO CIRCUMSTANCES!

Thanks for the advice, I will do that!!

Contact your congressman asking for help. let them send a request on your behalf to Atlanta field office in order to extend the deadline for the rfe. I think this is the fastest way to get a response in writing.

Case Update:

My court date was supposed to be today after when it was continued once before, however, due to the bad weather in Birmingham, AL area, my court appearance was cancelled. My attorney informed me that the next court appearance will be sometimes in April

Now, the problem is that the immigration officer gave me until March 25 to respond back with certified court document to make a decision on my pending N400 case. Please give me some advice on what to do next? Should I send a letter to the immigration officer and explain to her what had just happened? Do you guys think she would give me more time to resolve the case or is she going to deny the application?

Thanks for your help

You have to count from the date of becoming residency which, is written on the green card, it doesnt matter how long she has been in the states, what matters is that when did she get her green card and became a legal permanent resident,

Dont worry, if it your first offense and you are not convicted yet, you are totally fine! you need to fight your DUI case and get it dismissed for the best outcome!

I hired one of the top DUI attorneys in my state! He really knows what he is doing! Becuase I refused to blow in the breathalyzer, the department of public safety suspended my driver license for 3 months ( Suspension started May 11) however, my attorney got my driver license back within a week by filing a civil suit aganist the department.

This one worth a fight, defense attorney are not cheap but you need who knows his ABC. denying to Blowing a breathalyzer is not a criminal in many states, if they didn't take your blood test during admission in jail house, then you need to get a good lawyer. I am speaking from experience, a good lawyer can get this ####### out of your system in a minute. However, you need have cash.

This one worth a fight, defense attorney are not cheap but you need who knows his ABC. denying to Blowing a breathalyzer is not a criminal in many states, if they didn't take your blood test during admission in jail house, then you need to get a good lawyer. I am speaking from experience, a good lawyer can get this ####### out of your system in a minute. However, you need have cash.

This one worth a fight, defense attorney are not cheap but you need who knows his ABC. denying to Blowing a breathalyzer is not a criminal in many states, if they didn't take your blood test during admission in jail house, then you need to get a good lawyer. I am speaking from experience, a good lawyer can get this ####### out of your system in a minute. However, you need have cash.