Please help, so worried. two convictions and just went to citenship interview.

M

mi_chen2003

Registered Users (C)
Hello everyone, I have read a lot of threads from this forum, however I never found any similar case close to mine.

Here is my info, I hope anyone with similar case can share the experiences.

I am an US permanent resident with Green card for 11 years living in CA.

I have two convictions.
1) First conviction was in 2002(4th year I live in the US), I was convicted "PC 415 Disturbing the Peace" with 1 year probation and 2 days in jail plus some anger management classes. I had a fight with my gf at that time.
2) I was charged with "Penal Code 602(k), trespassing" when I forgot to pay for the book at the book store in 2004.

I have renewed my green card about a year ago with no problem at all. So I went ahead applied for citizenship, and just had the interview 6 weeks ago. The interviewer told me he couldn't make the decision due to my convictions and have me to wait for a few weeks.

It has been six weeks without any letter from the immigration office, I am getting worried about the possibility of deportation. Can anyone share any similar experience ?

Thanks a lot.

MI_chn
 
First, neither conviction is a deportable offense. Second, neither conviction is a CIMT so you should be fine. Be patient, you'll get your OL soon.
 
Thanks a lot Bobsmyth. I have done a lot of search on the internet. And found something saying " 2 convictions anytime involve in CIMT is deportable regardless of the actual convictions"

I am worried that they look in to the actual case not the final conviction. Still very nervous.
 
Bobsmyth said:
First, neither conviction is a deportable offense. Second, neither conviction is a CIMT so you should be fine. Be patient, you'll get your OL soon.
Click to expand...

I agree with your first staement that they are deportable but about second statement I am not so sure. It seems that USCIS does not limit to CIMT to determine moral character. To then any violation except traffic ticket (and
even traffic ticket if too many) can reflect your moral character
 
mi_chen2003 said:
Thanks a lot Bobsmyth. I have done a lot of search on the internet. And found something saying " 2 convictions anytime involve in CIMT is deportable regardless of the actual convictions"

I am worried that they look in to the actual case not the final conviction. Still very nervous.
Click to expand...

Like I said, neither of yours are considered CIMT.
 
Thanks Everyone, I hope you can share if you have the similar experience while I am waiting for the letter from the Immigration office.
 
mi_chen2003

Don't feel too bad. You've only been waiting for 6 weeks, with actual verifiable incidents on your record (even though they are not CIMT).

I have been a GC holder in Los Angeles for 7 years (since 2002).

I meet the requirements for citizenship (legal permanent resident status; residence and presence in US; and good moral character for requisite period of time(s)).

I have absolutely NO criminal or arrest record (except a speeding ticket in Boston in 1993). "Squeaky" clean.

I concluded my interview in Los Angeles, on 9/22/2009, and was asked by the AO (a real jerk :mad: ) to submit very simple documents. 1. 2007 tax return 2. Every page of my passport. 3. Documentary evidence of financial support from family/friends (# 3 because I have been unemployed since the end of 2007, even though unemployment has no bearing, legal or otherwise, on naturalization petitions. Prior to my unemployment in 2007, I had paid my taxes for 7 years straight -2000-2007). I hand delivered the documents to the AO's office on 9/25/2009. Till date, I still have not received an oath letter.


After numerous calls to the Customer Service Center, I could not get any information regarding my petition. I also contacted my State Senators and Congressman, as well as different departments in USCIS (Ombudsman, e.t.c.).

Still frustrated, I called again on 11/16/2009, and to my utter surprise, the customer service rep. said he would transfer me to an IO, who would have access to my information and could better assist me. I was shocked :eek: She (IO) was very nice and polite (another shock :eek: ). She asked me what the problem was, and I told her. She verified my personal information and address and asked to put me on hold. A few minutes later, she came back on the line and told me she has sent an "expedite letter" to the AO that interviewed me. She gave me her name and a reference # for my records, and asked me to call back if I have not heard from the AO in 3-4 weeks.

December 22, 2009 will be 90 days, and January 22, 2009 will be 120 days. I expect to receive my oath letter soon, as there are no legal or administrative grounds for denial; however, it it doesn't happen after 120 days, I will file a lawsuit with the US District Court. The court will review the matter and may take one of several actions. The court is permitted to grant the application and naturalize me as a citizen. The court is allowed to deny the application if it believes that I do not met the requirements for citizenship (legal permanent resident status; residence and presence in US; and good moral character for requisite period of time(s)). Which of course I do :) The court may also remand the case to the USCIS with instructions to proceed with the application process.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
 
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