moe1985

Yes, I went to the interview and disclosed the incident. The officer gave me a form ( N14) and she also gave me until March 25 to send back certified court documents showing the results of court date/Judgment! If I dont respond within the specified time, my application will be denied!

Did you went for N-400 interview? If yes, that is fine. If you haven't not go to the interview this can be a problem.

Yes , its normal. Now. they will put your wife case in line for interview! This all depends on how busy your local office is! Check on field office process last update !

https://egov.uscis.gov/cris/processTimesDisplayInit.do

If you were denied B2 multiple times, it wont affect your K1 application whatsoever! They surely can deny you for asking to visit the US but, def cant deny you to join your family unless if you have a criminal record!

The immigration law says that you have to send in your application within 2 months from the expiry date of your visa! .I suggest that you send your application ASAP, even though your medical exam isnt finished yet, What will happen is that they will send you RFE and ask you about it during the process of your application. Hope this helps!

so i posted here before its been a month and half now since my visa expired and i havent filed the aos yet due to medical exam taking forever and trying to get a passport type photo of my husband as he doesnt have one and is never off work to be able to take one will it be ok even if i file it this late into my over stay ?

Moe,

Just, as the first respondent mentioned ! Make sure your lawyer aware that your have a pending naturalization application, and if they found you guilty it will affect your eligibility. Most criminal lawyers have no experience in immigration law, The majority of innocent people plea guilty just not to risk having a hard punishment. In addition, most lawyers prefer not going to trial and make a deal with prosecutor. I pray for you my dear

Thank you my friend! You are so right! My attorney has no clue how immigration process works and I had to tell him whats going on and what kind of deal would benefit me!!! He told me that he wants to work a deal out with the prosecutor/ DA and try to get me deferred prosecution so that the case will be dismissed after complying with what the court wants me to do! So, I did my research and I found that there are 2 types of deferred prosecution sentences, One of them does affect immigration and the other one does not! From what I understod is that as long as I dont admit guilt or/and put on probation, I should be fine! I told my attorney if you cant get me a deal without pleading gulty, then I have no choice but to go to trial!

I have already been to the interview and disclosed the incident!

I have my fair share of legal problems. Here is my advise, if you differed it, you have to disclosed it and let the officer make a judgement on it. I can assure this unless you will chose to not disclose it and let have a chance, but if you disclose it will bite you.

No sir, I disagree. R

But we all know the law is automatic guilt if your refuse the breathalyzer, and you refused.

No sir, I disagree. Refusing the breathalyzer is not an automatic guilt ( At least NOT in my state). It all depends on the circumstances also, most attorneys dont agree with taking the breathalyzer test!

But we all know the law is automatic guilt if your refuse the breathalyzer, and you refused.

They have no evidence other than the cop's statement that he smelled alcohol odor which, in every DUI case , cops say this statement.

I have to ask: what evidence do they have that would show you are guilty of DUI if you had no alcohol in your blood?

Thank you, I truly apprciate your support and kind words. Hope you have a great day (;

^ What Jimmy said Gotta love it when people reply to a topic they did not read..

Good luck Moe, looks like you're on the right path, do let us know the outcome, we're rooting for you

I have not pleaded guilty, I am just weighing my options before I go to court. My attorney wants a certain outcome rather than going to trail and gamble and deal with uncertainty to avoid trial headache and extra cost! Based on my research, if I get deferred prosecution to dismiss case after community service without pleading guilty, it will not affect immigration!

In your previous topic you were adamant that you were not guilty. Why would you plead guilty and agree to community service if you weren't drunk?

I did not plead guilty, I am trying to enter a plea ( Deferred prosecution) without pleading guilty so I could get case dismissed without affecting immigration process!

why did you plead guilty when you said in your previous post that it was raining and that caused your accident? guilty means you were under the influence and that is the cause of your accident

The Definition of "Conviction" for Immigration Purposes

1)Convictions under the INA. INA § 101(a)(48)(A); 8 U.S.C. § 1101(a)(48)(A).

2)Definition of Conviction:

a) For purposes of immigration law,a conviction is defined as the following:

i)[A] formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where—

ii) A judge or jury has found the alien guilty or the alien has entered a plea of nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and

iii) The judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.

iv) Any reference to a term of imprisonment of a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of lawregardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.

b) The controlling factor in finding a conviction under the immigration law is an admission of the essential elements of the offense charged,followed by some form of restraint on the defendant’s liberty.

i) Probation counts as a restraint of liberty.

3)Deferred judgments

a) Deferred judgments are considered convictions if the person has to plead guilty to receive the deferred judgment. Matter of Chairez-Castaneda, 21 I&N Dec. 44 (BIA 1995).

4)Deferred Prosecutions

a) Deferred Prosecutions are likely not considered to be a conviction for immigration purposes because the non-citizen defendant never admits guilt unless the deferred prosecution is violated. Matter of Grulon, 20 I&N Dec. 12 (BIA 1989).

5)Juvenile Adjudications

a) Juvenile adjudications are not convictions for purposes of immigration law if the would qualify as juvenile adjudications under the Federal Juvenile Delinquency Act. Matter of Ramirez-Rivero, 18 I&N Dec. 135 (BIA 1981); Matter of Devison, 22 I&N Dec. 1362 (BIA 2000).

b) However,if the juvenile commits more than one offense,then the person can be rendered inadmissible. U.S. State Department regulations specify that “[a]n alien convicted of a crime involving moral turpitude or admitting the commission of acts which constitute the essential elements of such a crime and who has committed an additional crime involving moral turpitude shall be ineligible [for admission to the U.S.] even though the crimes were committed while the alien was under the age of 18 years." 22 C.F.R. § 40.21(a)(3).

c) Despite the fact that a juvenile adjudication does not render a non-citizen deportable,the same adjudication may be a discretionary factor that is used by the ICE or the Immigration Judge to deny any relief or benefits for which discretion is a factor. These include applications for permanent residency,relief from deportation and applications for citizenship.

6)Definition of Sentence Under INA§ 101(a)(48)(A); 8 U.S.C. § 1101(a)(48)(A)

a) A sentence that includes any reference to a term of imprisonment or a sentence is deemed to include the period of incarceration or confinement ordered by a court of law,regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.

b) Suspended sentences count in their entirety.

7) Withdrawals of Pleas and Reconsiderations of Sentence

a) In order to withdraw a plea or conviction for immigration purposes,you must show that the reason for the withdrawal is ineffective assistance of counsel,invalid waiver of counsel or some similar Constitutional issue or issue relating to legal invalidity of the criminal proceedings. A simple desire to avoid immigration consequences is insufficient to eradicate a prior plea. Matter of Pickering, 23 I&N Dec. 621 (BIA 2003).

b) However,a reduction in sentence need not be based on constitutional grounds in order to be valid for immigration purposes. Matter of Song, 23 I&N Dec. 173 (BIA 2001).

Thank you so much for the info, I will surely have my attorney aware of this!

That's not a good thing, you should get a lawyer to talk to the prosecutor in order to grant you deferred prosecution without having to plead guilty, that would be ideal. Your lawyer can explain to the prosecutor that you are filing for immigration benefits and that a guilty plea can have a negative effect on your petition with USCIS. Many prosecutors will make the exception if you do not have a criminal past.

Thank you, I think pleading guilty is one of the condition that needs to be met before granting deferred prosecution!

It all depends if you pleaded guilty or not guilty in order to be offered deferred prosecution. If you pleaded guilty at any time during your case, even if your charges are dismissed at the end of the deferred prosecution program, it will still be an admission of guilt at the eyes of USCIS. An admission of guilt can cause minor or major problems for you when filing for citizenship depending on the crime.

If you have never pleaded guilty(NOT guilty) and the state dismissed your charges then you are fine, you will have no problem, just make sure you have all the documents proving that the charges were dropped.

Quick question guys,

How does USCIS view deferred prosecution? Do they see it as conviction/ guilt? Even though the charges are being dismissed after completing community service and paying fines?

Please share your thoughts and thanks everyone!

Thank you so much for your supporting words!! I wish you best of luck on your upcoming interview!!

Moe1985: I just wanted to say I read your thread and the whole thing is well out of order ! I believe you 100% and it's out of control that the police would harass someone with no alcohol in them on THEIR WAY TO WORK! Sending you positive vibes that the case will be dismissed soon and your US citizenship approved!

Your lawyer sounds KICK ###! Good for you! Go get'em!

LOL ...I am the same way, I hope my story would benefit someone out there who gets tangled up in the web of police and the legal system

Guess you weren't kidding about that lawyer.

Thanks for updating the thread. It's a personal peeve of mine when people fail to update what happened after kicking off an interesting thread!

LOL...Awesome...I have seen his post and he was way off topic! Thanks for your help, Tbone!

A post more suitable for another forum has been removed, along with one quoting. Please adhere to this thread's topic.

TBoneTX

VJ Moderation

DC85,

You are awesome , thank you for your support, I sure need it.....I will def keep you updated.

This is a good news. Just a proof what good lawyers can do.

I pray that you get your cases dismissed before the judge. Please, report back with the outcome

The department of Public Safety had affirmed the 90 days suspension on my driver license, My attorney filed a civil suit against the department and he successfully removed the suspension and returned my driver license back a week later !

1- According to Alabama law, refusing a breathalyzer is not an admission of driving under the influence. Refusal results in a 90 day license suspension, whereas a DUI conviction is more serious. The prosecutor can still push for a DUI conviction, but it is not automatic and must be proven in court.

2- Refusing a breathalyzer is not a permanent bar to naturalization, and if no DUI conviction results, may not even be a temporary bar. Even a DUI conviction is not a permanent bar to naturalization (people with DUIs on their record can apply once the statutory period is up). A DUI conviction complicates the case and will likely cause delays (3 or 5 years depending on the application), but it will certainly not cost the OP his citizenship.

Case Update :

I went to my interview and passed my English and civic test, however, when the officer asked me if I was ever arrested, I had to disclose it and tell her about it. She told me that she couldn't approve me at this moment since I have a court date in March, 5. So, She gave me a form and it stated that I have to respond with certified court document by March 25 that shows the case was resolved. n February 17, 2015, we suspended processing of your case, Receipt Number ***********, because we need more information from you. Your notice explains what we need from you to resume work on your case. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the notice.

On a separate note, the department of public safety had suspended my driver license and my DUI attorney got it back a week later by having an order singed by the judge.(;

Thank you. Hopefully, I get all charges tossed out of the window on the court date! I am glad you became a citizen and you dont have to deal with USCIS anymore ! Congrats...

Hi Moe,

Congrats on being scheduled. I read what happened to you after your car got in the ditch. The best thing to do would have been to take the breathalyzer test test because the cops are trying to eliminate possible DUI. As you had nothing to hide, the best thing would have been to take the test and put their minds to rest that you were not someone driving under the influence. Because you did not do that, they charged you based on their suspicion and now you have to pay for something that you were innocent of all along. I'm truly sorry to hear and hope that this does not affect your citizenship. All the best.

They just want to see your passport to see how many times have you traveled and how many days you have stayed gone outside the US. They will not take it from you!

Update:

Just received my interview notice today!

VJ.UserName.........|Eligible........|Sent.............|Cashd..........|NOA.............|BioApp.......|InLine...........|IntLtr...........|IntVw...........|Oath.............|
MissAL.........|--/--/--.|03/03/14.|--/--/--.|--/--/--.|--/--/--.|--/--/--.|12/15/14.|01/13/15.|--/--/--.|

bloomfield.....|--/--/--.|03/10/14.|--/--/--.|--/--/--.|04/02/14.|05/08/14.|--/--/--.|--/--/--.|--/--/--.|
GJen...........|--/--/--.|04/02/14.|04/08/14.|04/07/14.|05/09/14.|--/--/--.|--/--/--.|--/--/--.|--/--/--.|
Moe1985........|--/--/--.|04/15/14.|04/21/14.|04/21/14.|05/13/14.|05/15/14.|01/16/15.|02/17/15.|--/--/--.|
harryhita......|--/--/--.|04/17/14.|04/29/14.|04/18/14.|06/04/14.|--/--/--.|--/--/--.|--/--/--.|--/--/--.|
Nimaan.........|04/29/13.|04/26/13.|05/02/13.|04/29/13.|05/17/13.|06/28/13.|08/06/13.|09/12/14.|--/--/--.|

N400 Atlanta...|07/26/14.|04/26/14.|04/28/14.|05/05/14.|05/13/14.|06/26/14.|--/--/--.|--/--/--.|--/--/--.|
PollyPocket....|--/--/--.|05/09/14.|--/--/--.|05/19/14.|06/16/14.|06/18/14.|09/12/14.|10/20/14.|--/--/--.|

Hey guys, I have a recent update on my case, finally!!!!! I have been inline for an interview since May 15! Now, how long will I receive the notice in the mail after the online case update?

On January 12, 2015, we scheduled an interview for your Form N-400, Application for Naturalization , Receipt Number NBC*****. We will mail you an interview notice. Please follow any instructions in the notice. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

My status on the website had just changed today, How long do you guys think the notice will take till it arrives ? Thank you

On January 12, 2015, we scheduled an interview for your Form N-400, Application for Naturalization , Receipt Number NBC*********. We will mail you an interview notice. Please follow any instructions in the notice. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

Good Info, Jimmy!!!!!! Positive thought keeps me rolling.

1- According to Alabama law, refusing a breathalyzer is not an admission of driving under the influence. Refusal results in a 90 day license suspension, whereas a DUI conviction is more serious. The prosecutor can still push for a DUI conviction, but it is not automatic and must be proven in court.

2- Refusing a breathalyzer is not a permanent bar to naturalization, and if no DUI conviction results, may not even be a temporary bar. Even a DUI conviction is not a permanent bar to naturalization (people with DUIs on their record can apply once the statutory period is up). A DUI conviction complicates the case and will likely cause delays (3 or 5 years depending on the application), but it will certainly not cost the OP his citizenship.