Oath ceremony rescheduled due to arrest; charge dismissed in court

Caracaos

New Member
I applied for naturalization last year, and managed to get through the interview with no concerns. At the time, I had an arrest on my record due to a reckless driving charge that had occurred in 2010. I was a student driver at the time and was not under the influence. The outcome of the case was court supervision, which I successfully completed.

A couple of months after my interview, I was arrested outside of a bar, as I had gotten into an argument with another patron. We didn't hit each other or physically interact in any way at all. However, I was released the next morning and charged with battery, the specific charge referring to 'insulting or unwanted contact'. Between my arrest and my court date, I received an appointment for my oath ceremony, which was also before my court date. I reported the arrest on my oath ceremony letter, and was told to come back after my court date with a copy of the final disposition for the charge.

The charge was fortunately dismissed in court, and my oath ceremony was also re-scheduled for this month. I went in today, and presented a certified copy of the court disposition (which showed that the charge was stricken off), but was told that I could not take the oath today and that it would be rescheduled. The officer took my oath ceremony document, as well as the court disposition, and told me they would get in contact with me.

I have a few questions with regard to this situation. What process will USCIS follow here? Will I get an appointment for a new citizenship interview, at which I'll have to explain the situation itself, or will they simply reschedule me for another oath-taking time? Additionally, is there a strong possibility that my application will be denied due to this arrest, even though the charge was dismissed? Would it be worthwhile for me to hire an immigration lawyer in this situation?

Thanks in advance for any response you might have.
 
You did the right thing by disclosing your arrest, the officer at the oath ceremony will turn the documents in to an adjudicator for further review, worst case scenario will be another interview, in my opinion you will have no problems.
Did you disclose the first arrest in your N-400?
 
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You did the right thing by disclosing your arrest, the officer at the oath ceremony will turn the documents in to an adjudicator for further review, worst case scenario will be another interview, in my opinion you will have no problems.
Did you disclose the first arrest in your N-400?

Thank you for your response. I did disclose my prior arrest on the N-400 application, and had provided USCIS with the relevant court record and rap sheet before the interview. I presume that USCIS had no issue with the outcome, as they (after 3 long months) had approved me for the oath ceremony. Coincidentally, I received the oath ceremony letter the Monday after the bar incident.

At this time, I'm almost 3 months on from the second oath ceremony attempt, however USCIS has yet to get in touch with me. I scheduled an infopass appointment in June, but unfortunately the attending clerk didn't have any information to offer me. I submitted an e-ticket for assistance, but it's been less than 30 days since I submit it. I think I'll have to write a letter to my case officer to find out what I can do.
 
I have a experience lawyer take care my case and she took the certified court copy from the dismissed case and bring to immigration and they stamped and they told her I'll be ok because the case was dismissed and don't be any problem for they give me a reschedule for the oat...I say to everybody I learn from my own experience and this lawyer I know for almost 20 years is too many miss information in the internet or some people don't put the true I was arrested before I get my green card for this convictions 2 DWI snd 3 times disorder conduct and I wss afraid for get my GC and I ge it after that I got arrested 2 times for disorder conduct again dismissed cases and I get my interview for be a citizen and the letter for the oat what happens with me after 7 years be out the trouble I get in argue with my 20 years son and I spoke with the police and the police arrest both and the case was dismissed and now Im in this situation the last word from my lawyer wss "don't worry the case is dismissed I take care and you get the stamp from them ...my mistake was bring the copy from court and not the original and the officer say to me I need the originals and no a copy ...if I have the original the day of my oath by this time I'll be a citizen now my lawyer told me....just wait for other oath letter and dont worry...she was my lawyer from day one, The only thing I know for people wirth felony cases is hard to get a GCor after that a citizen ship and this I know because my own experience if some one can put more info here we can help other members from this forum.
Thank you.
 
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Today after 30 day submit my letter I got oath date signed by the officer supervisor with new stamp and my oath date is this August 30 0830am and looks like I'll be a citizen!!
Like I say too many people post wrong info plus loooks like other people try to scared members from this forum with wrong information..my best advice always get a good lawyer like mine specialist in criminal snd immigration.
Good luck to everybody.
 
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Today after 30 day submit my letter I got oath date signed by the officer supervisor with new stamp and my oath date is this August 30 0830am and looks like I'll be a citizen!!
Like I say too many people post wrong info plus loooks like other people try to scared members from this forum with wrong information..my best advice always get a good lawyer like mine specialist in criminal snd immigration.
Good luck to everybody.

That's great news! I actually just got a double update in my situation.

I received a notice in the mail, dated august 8th (yesterday), saying that unfortunately they had no information to offer as my case was still currently pending.

However, I decided to look at the online status information to see where the case stood. Lo and behold, the online status had been updated as of today (august 9th) saying that I had been scheduled for a new oath ceremony. I expect the time and details will be coming in the mail early next week. My impression is that my e-request may have jogged their activity on my case. Hopefully, I will get some good news next week.

Does anyone have any idea as to oath ceremony document itself? The last two times, I had to mark that I had been arrested between the interview and ceremony. Will there be a waiver with the oath ceremony letter regarding how I should mark this information down now?
 
In you new date letter you get a write hand by the supervisor who check your case with this:the last arrest date to the date you have your oath do you have other arrest??
And you have to mark NO to all the questions.
Thats what I have in my letter and I don't have to bring any other think because I have the aproved from the officer and signed.
Like I say before if we try to help each and other we have to post a real info no rumors and always the true.
Good luck!! :)
 
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In you new date letter you get a write hand by the supervisor who check your case with this:the last arrest date to the date you have your oath do you have other arrest??
And you have to mark NO to all the questions.
Thats what I have in my letter and I don't have to bring any other think because I have the aproved from the officer and signed.
Like I say before if we try to help each and other we have to post a real info no rumors and always the true.
Good luck!! :)

That's interesting, I never met with the officer who interviewed me, but here's what happened so far:

Had an infopass this past Friday, I was very lucky and met with the same officer who had collected my certified final disposition at the previous oath ceremony.

She looked at the case, and confirmed for me that USCIS had considered the new arrest, and had still cleared me for the oath ceremony.

Her recommendation for the checkbox on the next page was to leave it unfilled, but to show up early to my oath ceremony tomorrow, and take one of the presiding officers aside before everything began. The officer mentioned that, in the list of people attending the ceremony, there would be a notation by my name regarding the case. I'd have to consult with the officer, who'd make sure everything is clear, and they would advise me how to check the arrest line on the back of the oath ceremony notice.

Fingers crossed! I'll report back to this thread tomorrow if everything goes well.
 
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