PursuitOfExcellence
New Member
I thought I would share my experience on this great forum. I filed for my citizenship in June, 2012. Got FP notice but could not make it so I don receive anything after that. In Dec'2013, I get arrested for 647B. Unfortunate as I had no intent but anyways, I enter into pre-plea diversion so no plea entry and after attending a day long course, my case is dismissed after a period of 6 months. i.e. Case is heard. Placed on Diversion for 6 months. Case dismissed at the end of 6 months. No plea, no conviction.
Well I get my interview notice in February, 2014 while the case is pending so I hire an immigration lawyer. He advises me to keep postponing the interview until my case is heard. So I finally go for interview in June,2014 with my attorney. Everything goes well and the officer says that a decision can not be made because my case is not dismissed. A decision comes later in mail informing me that application is denied as my case is pending and therefore a decision can not be made and I better wait until the 6 months is completed and case is dismissed. My lawyer says that the officer was not knowledgeable as the diversion means no plea-entry and hence no CIMT and therefore case should be approved. I was not in a mood to pay more to contest the case so I decided to wait.
Once the case was dismissed, I applied in April. Got my FP in May. Got my Interview in June. Officer says everything is great. Does not ask anything about the case. Says that my last application was not approved because my case was pending but he sees no issues this time but his supervisor has to review before the final decision. In next 2 days, I get decision that I have been placed in queue for Oath.
So the bottomline is that if you are caught in a diversion case, wait until the case is dismissed and then apply.
Well I get my interview notice in February, 2014 while the case is pending so I hire an immigration lawyer. He advises me to keep postponing the interview until my case is heard. So I finally go for interview in June,2014 with my attorney. Everything goes well and the officer says that a decision can not be made because my case is not dismissed. A decision comes later in mail informing me that application is denied as my case is pending and therefore a decision can not be made and I better wait until the 6 months is completed and case is dismissed. My lawyer says that the officer was not knowledgeable as the diversion means no plea-entry and hence no CIMT and therefore case should be approved. I was not in a mood to pay more to contest the case so I decided to wait.
Once the case was dismissed, I applied in April. Got my FP in May. Got my Interview in June. Officer says everything is great. Does not ask anything about the case. Says that my last application was not approved because my case was pending but he sees no issues this time but his supervisor has to review before the final decision. In next 2 days, I get decision that I have been placed in queue for Oath.
So the bottomline is that if you are caught in a diversion case, wait until the case is dismissed and then apply.