have a appeal hearing next week.

Jackolantern said:
Is your record completely clean since the end of probation over 3 years ago? If yes, you should have a very good chance of approval.
Click to expand...

Jackolantern! glad you are still here after 2 years! yes - my record is clean. the only thing what bothers me is is it my conviction CMT or not? i know is subjective - but does the immigration specify it on denial letter or not necessarily?
thank you
 
Hello again! I finally received the letter for interview - February,14 the Valentines day:)) hope - that will help a bit:)) will keep you posted of the outcome. Thanks again to everybody for your responds,-it helps a lot!
p.s. Does anybody know if USCIS always specifies the CiMT on denial letter or randomly?
 
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o.k.,people - i had my second attempt today - this time by myself - no lawyer.interview was scheduled for 9:30 - i was called at 10:45.
the officer was Chinese guy - very knowledgeable person! he had a really big file in front of him.first he went thru my application - asked how come i didn't visit my country of origin for 10 years - I've said because i was afraid. and we came straight to my arrest records.he said the two disorderly conduct arrests are no big deal and he is interested in accident arrest. I've described to him what happened in detail. then he said "the officer who did interview the last time didn't do a diligent job - i want to straighten this thing out otherwise you would keep coming here". then "do you know that you are deportable?" SHOCKER! I've said "my lawyer told me that my date of admittance is may of 1994 - day i entered the US" he said -"no,-your date of admittance is the day you received your green card which is 2001! your felony E case is within 5 years therefore you are deportable". i asked what will happened to my family if you deport me? he said - deportation - is the worst case scenario - they will consider mitigating factors such as i have 2 children who are Americans. then he asked - "were you charged in real crime(!) beside the accident?" - I've said - "no,just leaving the scene - no DWI,no speed etc." He said that a felony class E is CiMT. then he repeated - in the worst case scenario i'll receive the note of appearance before the immigration judge. and in the end after i passed the test (no problem here) he asked me if i have any questions. i asked what he thinks of the outcome? he said that he will recommend not to send me in front of immigration judge for deportation. so now i will have to wait for their decision.
now,people - i have a question,because i didn't dare to ask him about best case scenario - what would be one? and also - what would be the scenario in the middle - between the best and worst if there is such?
please,help me!
thank you!
 
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also - forgot to mention it. the IO didn't ask me for any papers except the original ticket of appearance which police gave to me to show up in the court the next day and on which was the same charge i plead guilty 14 month later - VTL600(2) - leaving the scene of an accident.also he asked me for the original of the sentencing outcome which i gave to him - yellow copy the judge gave to me which specified the terms of my probation,fine etc. he returned the ticket back to me but took away the yellow copy.
 
If you go back in this thread you can see I am the first one to indicate you may have a deportation issue
pending whether your admission date being your green card date or your ealy physical entry date.

There are several cases disputing what is the admission date for this purpose and I remmeber one
the court made a decision saying the physical entry date should be used for this purpose

Good luck. If you suceed, it will make your citizenship more precious than others' to others
 
duparas said:
i asked what he thinks of the outcome? he said that he will recommend not to send me in front of immigration judge for deportation. so now i will have to wait for their decision.
now,people - i have a question,because i didn't dare to ask him about best case scenario - what would be one? and also - what would be the scenario in the middle - between the best and worst if there is such?
please,help me!
thank you!
Click to expand...

There is not much chance middle case between the best scanario and the worst scenario. Either you will have deportation hearing
or you will get citizenship approved. Why? if there is no deportation . then they can not deny your citizenship since your offense
if outside 5 year period. Only aggravated felony will create permamnetn bar to citizenship and the chance of aggravated felony
NOT leading toi deportation is next to zero.

Your offense is not an ggarvated felony so as long as you don't get deported you should get citizenship. However there
are indeed cases USCIS does not strictly observe 5 year statutory period.
 
yes i did reread the thread and you were so right!IO said that my admission date was indeed May,1994 - physical entry but I've overstayed my visa therefore became illegal that's why a new admission date is 2001. but then again - what about 10 month period in 1994-1995 when i was legal? he should of added this up to 5 year period,no?
 
what about such a "middle case " scenario - they will send a letter on WHEN to come to apply again?
 
A potential "middle ground" is finding you deportable and denying your naturalization, but deciding not to pursue deportation. In that case you can never apply again, unless you and your lawyer can show that they were wrong to find you deportable.
 
Jackolantern said:
A potential "middle ground" is finding you deportable and denying your naturalization, but deciding not to pursue deportation. In that case you can never apply again, unless you and your lawyer can show that they were wrong to find you deportable.
Click to expand...

They can also ask USCIS to officially cancel deportation even if USCIS is right, then after that since deportation
will not happen again (immigration equivalent of double jeopardy ), then citizenship is viable. But to cancel
deportation, you have to be in deportation proceeding first. If it is deportable and USCIS jusyt do not pursue it, then the OP is in dillema, The choice will be (1) never apply for citizenship again but still face deportation risk
every ten years when renewing GC (2) apply again to intentially revoke deporation proceeding in order to cancel
it but thr isk if too big
 
duparas said:
what about 10 month period in 1994-1995 when i was legal? he should of added this up to 5 year period,no?
Click to expand...

If your offense was in dec 2001 and the date of your GC is also in 2001 which is set as a new admission date for the law cited below, then does it make any difference even if 10 month can be added? You need at lleast 4 years to be added even if
such time can be added, which I doubt

(i) Crimes of moral turpitude.-Any alien who-

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and

(II) is convicted of a crime for which a sentence of one year or longer may be imposed.

is deportable
 
Jackolantern said:
A potential "middle ground" is finding you deportable and denying your naturalization, but deciding not to pursue deportation. In that case you can never apply again, unless you and your lawyer can show that they were wrong to find you deportable.
Click to expand...

the thing is - i've got the impression that yesterdays IO was kind of frustraited that my first IO back in 2009 when i applied DID NOT catch that i'm deportable! therefore they did make a mistake than! plus(i'm not sure if this relevent) they did exstend my GC for another 10 years in 2011. so my questing is - could that (mistake) be the mitigating factor to my advantage when considering deportation?
thanks
 
Jackolantern said:
A potential "middle ground" is finding you deportable and denying your naturalization, but deciding not to pursue deportation. In that case you can never apply again, unless you and your lawyer can show that they were wrong to find you deportable.
Click to expand...

let say - that happened! will moving to other state where the same crime is not felony but misdemeanor (like in Massachusetts) - will help me?
thanks
 
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It's not the mistake that would be the mitigating factor ... it would be that you've stayed out of trouble for the past 10+ years since that incident.
 
WBH said:
If your offense was in dec 2001 and the date of your GC is also in 2001 which is set as a new admission date for the law cited below, then does it make any difference even if 10 month can be added? You need at lleast 4 years to be added even if
such time can be added, which I doubt

(i) Crimes of moral turpitude.-Any alien who-

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and

(II) is convicted of a crime for which a sentence of one year or longer may be imposed.

is deportable
Click to expand...

you right here. but i also read 2 cases in different states when the federal appeal judges overuled USCIS by stating that the leaving the scene of an accident is not CiMT
 
Jackolantern said:
It's not the mistake that would be the mitigating factor ... it would be that you've stayed out of trouble for the past 10+ years since that incident.
Click to expand...
but let say - i'm going all the way do federal court - will that mistake potentially help me - like sort of double jeopardy?
 
duparas said:
you right here. but i also read 2 cases in different states when the federal appeal judges overuled USCIS by stating that the leaving the scene of an accident is not CiMT
Click to expand...

If so, you can pursue along this line but I don't think you can do it by yourself. You need a lawyer.
For now, wait for notice from USCIS first and see what they say
 
duparas said:
but let say - i'm going all the way do federal court - will that mistake potentially help me - like sort of double jeopardy?
Click to expand...

That depends on what you fight in federal court. Here are two scenarios:

(1st scenario) If USCIS place you in removal and and a federal court judge ask the deportation to be cancelled,
then you will get a clean slate and USCIS can not deport you anymore for the same offense
(sort of like double jeopardy in a crminal court) and THUS your can safely apply for citizenship agains and you
should be eligible since you do not have a deportable offense anymore and your offense is not a permanent bar to citizenship.
This is most ideal outcome for yout But to achieve this, you have to wait for USCIS to deport
you first and there is no guarrantee you can win and in fact deportation will be a very likely issue if USCIS really start this
proceeding. Of course you have nothing more to lose either except legal fees since it is USCIS not you who will initiate deportation and you have no choice.

(2nd scanario) You will have a dilemma if USCIS just deny your citizenshoip but decide not to deport you.
Then what would you do? You can file a lawsuit/appeal aganist USCIS for not giving citizenship but this risk is too high. USCIS will think they already do you a favor buy not deporting you and will be pissed if you sue them for
not apporving your N-400 and thus they will initiate deportation which they do not want to do in the first place.
So you should file a lawsuit against USCIS only if you think you are not deportable again based on your leagl
research. Therefore if you are not confident you are not deportable. don't do it. Just live with GC you still
have ---- but you do need to assess the likelihood what USCIS will do when you next time renew your GC.
(heck we only need to renew several times in our life).

Maybe you can live with just GC. A shadow may hang over you for the rest of your life about possible deportation
becaus ethsi issue may be raised again and again for every 10 years you renew your GC but you can try hard to
get over such feeling. Just think it as another risk in life. Even if we get citizenship we can always die prematurely
due to car acciddents, cancer etc which are worse than deportation but we don't think about such bad things
every days.

So I suggest you first wait for sometime and see what kinds of letter you will receive soon from USCIS
and then decide what to do
 
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duparas said:
let say - that happened! will moving to other state where the same crime is not felony but misdemeanor (like in Massachusetts) - will help me?
thanks
Click to expand...

That won't help. I think the USCIS assess severity according to laws where and when your offense occurred. Otherwise
everyone who is causght possessing marijuna will move to the state where marijuna is legalzied to get over it and also bad thing
can happen to many people the other around like a minor offense bacome a serious offense if theymove into another state.
 
WBH said:
That depends on what you fight in federal court. Here are two scenarios:

(1st scenario) If USCIS place you in removal and and a federal court judge ask the deportation to be cancelled,
then you will get a clean slate and USCIS can not deport you anymore for the same offense
(sort of like double jeopardy in a crminal court) and THUS your can safely apply for citizenship agains and you
should be eligible since you do not have a deportable offense anymore and your offense is not a permanent bar to citizenship.
This is most ideal outcome for yout But to achieve this, you have to wait for USCIS to deport
you first and there is no guarrantee you can win and in fact deportation will be a very likely issue if USCIS really start this
proceeding. Of course you have nothing more to lose either except legal fees since it is USCIS not you who will initiate deportation and you have no choice.

(2nd scanario) You will have a dilemma if USCIS just deny your citizenshoip but decide not to deport you.
Then what would you do? You can file a lawsuit/appeal aganist USCIS for not giving citizenship but this risk is too high. USCIS will think they already do you a favor buy not deporting you and will be pissed if you sue them for
not apporving your N-400 and thus they will initiate deportation which they do not want to do in the first place.
So you should file a lawsuit against USCIS only if you think you are not deportable again based on your leagl
research. Therefore if you are not confident you are not deportable. don't do it. Just live with GC you still
have ---- but you do need to assess the likelihood what USCIS will do when you next time renew your GC.
(heck we only need to renew several times in our life).

Maybe you can live with just GC. A shadow may hang over you for the rest of your life about possible deportation
becaus ethsi issue may be raised again and again for every 10 years you renew your GC but you can try hard to
get over such feeling. Just think it as another risk in life. Even if we get citizenship we can always die prematurely
due to car acciddents, cancer etc which are worse than deportation but we don't think about such bad things
every days.

So I suggest you first wait for sometime and see what kinds of letter you will receive soon from USCIS
and then decide what to do
Click to expand...

thank you! yeah - i'll just wait to see what they decide..do you know - what is maximum wait time - 120 days? last time I've gotten the denial in 2 weeks..
 
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