Arrested after the citizenship interview but before oath ceremony.

CyrusImmig

New Member
I received a letter of invitation from USCIS for the Oath Ceremony. Unfortunately, I got arrested right after for criminal charges which the process may take a year to be dismissed.
What are the chances that they let me do the oath?
What are the chances that they take my GC and deny my citizenship and even deport me?
Is bringing a lawyer with myself to the Oath ceremony going to help me?
If on the day of Oath I do not reveal it to the officer, would they still find out automatically or do a regular background check to find out about my arrest?
If anyone has similar experiences please help me.
Thank you
 

Jbuff

Active Member
Chances of you taking the oath=none

Chances of them denying your citizenship=Very Likely

Getting deported we will need to know how long you”ve been legally present in the US and what the charges are. You didnt say what you got arrested for.

Taking a lawyer to the oath ceremony will only help you if wasting money is your goal.


You”re required to disclose the arrest as you would be asked. If you had in run ins with the law since your interview. Oh and yea they would find out!!
I can pretty much google anyones name thats been arrested and im just a private citizen. Now think about what the federal government is capable of !!

Do a forum search you will see 1 member cant recall his name was arrested before the oath and was sent a letter from USCIS pertaining to that arrest !

So do yourself a favor and dont lie
 

CyrusImmig

New Member
Thank you for your response.
I am charged with assault and honestly, it is just a false claim. I never had any violations of any sort in my life.
Legally present about 9 years with zero violations.
What are the chances that they take my GC in the Ceremony and deport me?
Would they postpone my ceremony for a year for example until I dismiss the case?
Sorry for all the questions.
 

Jbuff

Active Member
Thank you for your response.
I am charged with assault and honestly, it is just a false claim. I never had any violations of any sort in my life.
Legally present about 9 years with zero violations.
What are the chances that they take my GC in the Ceremony and deport me?
Would they postpone my ceremony for a year for example until I dismiss the case?
Sorry for all the questions.
You wont get deported so take that out of your mind!!
Innocent until proven guilty.

They wont postpone your ceremony for a year . You would need to re apply.
 

CyrusImmig

New Member
Thank you. You reduced my stress a little bit.
Let's say my case dismissed after a year. Can I immediately reapply? or should I wait for 5 more years of moral character?
 

Jbuff

Active Member
Thank you. You reduced my stress a little bit.
Let's say my case dismissed after a year. Can I immediately reapply? or should I wait for 5 more years of moral character?
If your case is dismissed you can reapply right away!! Just get a few true copies of the disposition!! You will need it .
 

CyrusImmig

New Member
Thanks again. After my oath session (which I know will be denial), I will update this page.
Wish me luck for my criminal charges!
 

CyrusImmig

New Member
You wont get deported so take that out of your mind!!
Innocent until proven guilty.

They wont postpone your ceremony for a year . You would need to re apply.

Something just came to my mind. You said, "Innocent until proven guilty". If this is a law? then why they won't let me do the oath?
 

Jbuff

Active Member
Something just came to my mind. You said, "Innocent until proven guilty". If this is a law? then why they won't let me do the oath?
They have to wait for the outcome of the case!!!
They will also need a record of the outcome of the case for your file.
 

CyrusImmig

New Member
They have to wait for the outcome of the case!!!
They will also need a record of the outcome of the case for your file.
I wish a miracle could happen and they let me do the oath :'(
Regardless of immigration case, do you know a good forum like this for asking questions regarding the criminal cases?
 

1AurCitizen

Registered Users (C)
Something just came to my mind. You said, "Innocent until proven guilty". If this is a law? then why they won't let me do the oath?

That's the protection on US soil afforded under the law, so it's legal phrasing. It's application to immigration matters is different.
You will be affected. No miracles if you were arrested for assault. Assault is serious stuff!
 

CyrusImmig

New Member
If your case is dismissed you can reapply right away!! Just get a few true copies of the disposition!! You will need it .
Hi there,
I received the denial letter. In the letter, it says I could not provide the required evidence that I have moral character (which I think in my case it is disposition letter?)
In the letter, they have given me 30 days to ask for a hearing but it is mentioned that I have to provide the proper evidence.
I still do not have disposition however the magistrate (if I am not wrong) told my lawyer that my case will be dismissed in a quick bench trial which we do not know the date yet!
Can you or anyone here tell me how to approach this? Does it worth doing the immigration hearing or it is better to get the disposition and restart N400 all over?
 

Jbuff

Active Member
still do not have disposition however the magistrate (if I am not wrong) told my lawyer that my case will be dismissed in a quick bench trial which we do not know the date yet!
Can you or anyone here tell me how to approach this? Does it worth doing the immigration hearing or it is better to get the disposition and restart N400 all over?
Yes you need the disposition !!

If you somehow get the Disposition within 30 Days you can continue with said application !

If you think that that your Criminal case will be over in a month or so if I were you I would go back and explain your situation and they probably will give you another 30 days . To get the evidence you need "disposition "

If not you would just have to re file again !!
 

Jbuff

Active Member
How to request for another 30 days? You mean for example I set an info pass appointment? or send a letter to them?
When I had to provide disposition i was given an appointment a month later . I didn't have the evidence but I still went to the appointment and got another 30 days .

In your case it doesn't sound like you have an actual appointment . Wouldn't hurt to make an info pass and make a request for additional time . It's worth a shot !
 

CyrusImmig

New Member
The denial letter would have the set of steps to follow depending on how you decide to proceed. You need the disposition to proceed either way.
It does not mention any steps. It just says if you think you can prove your moral character, you can fill form Nxxx to request for hearing!
 

CyrusImmig

New Member
When I had to provide disposition i was given an appointment a month later . I didn't have the evidence but I still went to the appointment and got another 30 days .

In your case it doesn't sound like you have an actual appointment . Wouldn't hurt to make an info pass and make a request for additional time . It's worth a shot !
Thanks for sharing your experience. I probably ask for an Info Pass appointment.
 

CyrusImmig

New Member
Then, that is the step.

They denied the n400 based on the assault charge. The onus is on you to prove good moral character.
Does the original disposition from court satisfy the moral character requirement? or do I need other documents with it as well? (For example letters from colleagues and friends etc)
 
Top