citizenship certificate

D

dnguyen5

New Member
I passed my citizenship test in March 2012 . I was caught shoplifting in June 2012 for 100.00$ and it was my 1st time to do it . The manager of the store called police , took my photo and said I could'nt come to the store for 1 year , called police do report and I went home .That manager told I had to go to the Court . I had an attorney help me for the Court . Finally I received a Court mail and I paid Court fees . My attorney gave me a document said that my case will be dismissed in August 1st 2013 .
Now , in December 19th 2012 I receive my oath ceremony letter from USCIS . The oath ceremony will be in January 11th 2013 .
My question is :
Could I receive my citizenship certificate at the oath ceremony in January 11th 2013 before the date my case will be dismissed ( because my case will be dismissed in August 1st 2013 ) . What kind of documents should I bring with when I go to the oath ceremony , in order to receive my citizenship certificate in this time .

Or I could'nt get my citizenship certificate till the day my case will be dismissed ( 1st August 2013 ) . I live in South Bend , IN and I have to go to Hammond , IN for the ceremony ( 2 hours drive ) .Anyway , I have to go to the ceremony in January 11th 2013 . So I hope that I could have my citizenship certificate in that day .

Please , help me some advices of yours .

With regards and thanks .
 
Finally I received a Court mail and I paid Court fees . My attorney gave me a document said that my case will be dismissed in August 1st 2013 .
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So you paid a penalty, and apparently you're on some kind of probation until August 2013. That counts as a conviction under immigration law, and they definitely won't let you take the oath this January. You'll probably have to wait 5 years to reapply.

Don't even bother showing up at the oath. Skip the oath and consult an attorney, because you could possibly be deportable. USCIS will send you a notice for another oath date, by which time you would have consulted the attorney and can decide what to do next.
 
Jackolantern said:
So you paid a penalty, and apparently you're on some kind of probation until August 2013. That counts as a conviction under immigration law, and they definitely won't let you take the oath this January. You'll probably have to wait 5 years to reapply.

Don't even bother showing up at the oath. Skip the oath and consult an attorney, because you could possibly be deportable. USCIS will send you a notice for another oath date, by which time you would have consulted the attorney and can decide what to do next.
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i only paid Court fees . i didn't paid penalty fees . if i don't showing up at the oath in Jan.11th 2013 , what should i do to explain to the USCIS office the reason that i wouldn't show up at the ceremony .
 
Jackolantern said:
So you paid a penalty, and apparently you're on some kind of probation until August 2013. That counts as a conviction under immigration law, and they definitely won't let you take the oath this January. You'll probably have to wait 5 years to reapply.

Don't even bother showing up at the oath. Skip the oath and consult an attorney, because you could possibly be deportable. USCIS will send you a notice for another oath date, by which time you would have consulted the attorney and can decide what to do next.
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8 CFR 316.10
(c) Proof of good moral character in certain cases—
(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.

The probation itself prevents taking the oath but will not force you to wait 5 years.

Your real concern should be how USCIS interprets the actual statute of conviction (which you have not provided in this thread):

8 CFR 316.10
(b) Finding of a lack of good moral character.
*****
(2) An applicant shall be found to lack good moral character if during the statutory period the applicant:
(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act;
*****

Your conviction might or might not meet the exception. Take all your court papers to a lawyer for an analysis.
 
dnguyen5 said:
i only paid Court fees . i didn't paid penalty fees . if i don't showing up at the oath in Jan.11th 2013 , what should i do to explain to the USCIS office the reason that i wouldn't show up at the ceremony .
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If you don't show up you won't have to give a reason. They'll automatically send you another oath letter for a date which is a few weeks or months in the future. Before the next oath, take the paperwork from your court case to an immigration attorney who will help you to figure out whether to withdraw your application or attend the next oath.
 
Last edited by a moderator:
BigJoe5 said:
8 CFR 316.10
(c) Proof of good moral character in certain cases—
(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.

The probation itself prevents taking the oath but will not force you to wait 5 years.

Your real concern should be how USCIS interprets the actual statute of conviction (which you have not provided in this thread):

8 CFR 316.10
(b) Finding of a lack of good moral character.
*****
(2) An applicant shall be found to lack good moral character if during the statutory period the applicant:
(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act;
*****

Your conviction might or might not meet the exception. Take all your court papers to a lawyer for an analysis.
Click to expand...

I have a receipt proves I had paid Court fees and 1 document in which it's said my case will be dismissed on August 1st 2013( not commit any criminal offense during this term ) and the letter I received from Court . In that letter said : you have been charged with offense ( or infraction ) of criminal conversion so you are hereby order to appear in the Court .
 
Jackolantern said:
Yes, but the 5 year wait would be because of the shoplifting (which is a CIMT, correct?), not the probation.
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The 5 year bar won't kick in UNLESS the offense does NOT meet the exception, hence, OP needs a legal analysis from a lawyer.
 
dnguyen5 said:
I have a receipt proves I had paid Court fees and 1 document in which it's said my case will be dismissed on August 1st 2013( not commit any criminal offense during this term ) and the letter I received from Court . In that letter said : you have been charged with offense ( or infraction ) of criminal conversion so you are hereby order to appear in the Court .
Click to expand...

You are on Court Probation if you have not been sent to a Probation Officer, and that still counts for an N-400.

You need an attorney to do a legal analysis of the actual statute as codified under the state law to determine if the charge for which you were convicted meets the exception or triggers a 5-year bar to re-applying.

That said, IF this is your one and only offense, it will not be grounds for removal (it it too minor).
 
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