Citizenship Denial due to couple of infractions.

C

CE8522

Registered Users (C)
I've applied for citizenship earlier this year and during the interview today, I was told that I could get denied due to lack of moral character since I had the below infractions:
2009 - Failure to Identify in an accident/ Abjudication Withheld - Fines Paid
2010 - Passenger Open container. Fines Paid.

I understand the first one is quite severe, but I've had no other traffic violations or arrests. Should I have waited the statutory period? Or do you think there is still hope? I've just mailed all documents regarding both to the IO and am anxiously awaiting his decision. Also, does anyone know the section in the law regarding this issue?
 
IF you do get denied it would have to be a "discretionary denial" under 8 CFR 316.10 (b)(2)(iv) and (c)(1)....you committed "unlawful acts" and "adjudication withheld" means that you were under court probation or at least "a promise to the judge to stay out of trouble", however, you did NOT stay out of trouble so, the time is seen as having been on probation and violating that probation. It is a judgement call on the part of the adjudicating officer. Did you present evidence in support of corrective actions after that? Did you provide evidence of "rehabilitation"? You might not have to wait a full five years before applying again but would have to show "reform" before being found eligible for naturalization.
 
They both happened here in the US, I was just trying to find the section that stipulated the breach of good moral conduct due to multiple citations... For general knowledge.
I know that the first one is ugly, which I'll have to regret.. But they were traffic violations that only incurred fines... Just disappointed I guess. I'm sure I can hope for a tiny chance of approval.
 
Hi BigJoe5, I did not present evidence of rehabilitation. How long would this probation last? The second incident occurred a year afterwards. I assume I will try to make an appointment with an immigration lawyer to see if there are hopes on this application. Thanks for the replies.
 
CE8522 said:
Hi BigJoe5, I did not present evidence of rehabilitation. How long would this probation last? The second incident occurred a year afterwards. I assume I will try to make an appointment with an immigration lawyer to see if there are hopes on this application. Thanks for the replies.
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Do this, but never lose hope. I have a friend who got was sentenced to jail and got probation. She got her papers easily, even faster than some people who didnt have record. You never know, so talk to a good immigration lawyer, do your best, if you have to sign up for volunteering or anything to show you've changed, do it, and then file for citizenship. You very well, may get it. For all you know, your interviewing officer might have a son or relative who went through the same thing you did and might be more sympathetic to you.

Good luck.
 
Hi All,
Just wanted to post an update. Just received a letter titled "Naturalization Interview Results" with the A) Congratulations! Your application has been recommended for approval. I'm almost ready to start jumping with joy, but it says it's "recommended" for naturalization. Is this just generic wording or is there another step coming up? Sorry for being a nuisance on such small details, but as most of you guys know... It's definately something we've been working and longing for all these years. 13 years since I first got here in my case.
 
CE8522,
Yes this is standard. The IO always recommends and then the supervisor should have the final approval. You should be in the clear.


-This is just my opinion. I am not a lawyer.
 
CE8522 said:
Hi All,
Just wanted to post an update. Just received a letter titled "Naturalization Interview Results" with the A) Congratulations! Your application has been recommended for approval. I'm almost ready to start jumping with joy, but it says it's "recommended" for naturalization. Is this just generic wording or is there another step coming up? Sorry for being a nuisance on such small details, but as most of you guys know... It's definately something we've been working and longing for all these years. 13 years since I first got here in my case.
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Good for you.

How about you give some details about how the interview went?

Did the ISO (Immigration Services Officer) make you sweat or let it slide?
 
BigJoe5 said:
Good for you.

How about you give some details about how the interview went?

Did the ISO (Immigration Services Officer) make you sweat or let it slide?
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Sure, The interview was rather simple at first. We went through the application section by setion and he administered the Civics/English test (6 Questions if you answer correctly, reading a sentence out loud, and writing what the IO dictates.

Once we came upon the infractions, he did start quoting the 8 CFR 316.10 which is the discretionary denial due to my record. He was trying to see what I had to say about the issue, and of course I was not expecting it to be a big deal, which turned out to be. He asked to provide any more information about the infractions (Arrest Reports, or any other documentation on the matter), and gave me a one month deadline to send in the extra documents. He did emphasize that this will weigh his decision on approval/denial of the application.

This is when I started this thread, and contacted a few lawyers. I spend a few visits with a lawyer which I thought was the most interested and honest in my case and was able to become a bit more familiar with my infractions. The "Passsenger Open Container" was not a criminal citation, so it did not weigh on the application... and the "Failure to Provide Information in a Accident" did not qualify as Crime Involving Moral Turpitude. The lawyer asked for letters from managers, coworkers, and long time friends; along with any police reports. She was able to write a reply with all this info to send to the IO showing that I was a permanent resident with good standing morals. After a week, I received the letter I mentioned earlier.. and last week the Oath Letter came in the mail! :) Taking the oath in a couple of weeks. I have to say I am still extremely grateful and very excited to finally be able to consider myself an American Citizen!

The one advise I can give to ANYONE after this past month of extreme uncertainty and anxiousness is to PLEASE contact a lawyer if you have any Misdemeanors or past criminal history other than a speeding ticket. The $200 - $400 are well worth it for both peace of mind and to familiarize yourself with immigration law and the proceedings. It is the discretion of the IO to deny you of your citizenship, and sometimes some infractions that they might think can bar you of it are really not. An immigration lawyer will be able to honestly tell you if you need to worry.
 
CE8522 said:
Sure, The interview was rather simple at first. We went through the application section by setion and he administered the Civics/English test (6 Questions if you answer correctly, reading a sentence out loud, and writing what the IO dictates.

Once we came upon the infractions, he did start quoting the 8 CFR 316.10 which is the discretionary denial due to my record. He was trying to see what I had to say about the issue, and of course I was not expecting it to be a big deal, which turned out to be. He asked to provide any more information about the infractions (Arrest Reports, or any other documentation on the matter), and gave me a one month deadline to send in the extra documents. He did emphasize that this will weigh his decision on approval/denial of the application.

This is when I started this thread, and contacted a few lawyers. I spend a few visits with a lawyer which I thought was the most interested and honest in my case and was able to become a bit more familiar with my infractions. The "Passsenger Open Container" was not a criminal citation, so it did not weigh on the application... and the "Failure to Provide Information in a Accident" did not qualify as Crime Involving Moral Turpitude. The lawyer asked for letters from managers, coworkers, and long time friends; along with any police reports. She was able to write a reply with all this info to send to the IO showing that I was a permanent resident with good standing morals. After a week, I received the letter I mentioned earlier.. and last week the Oath Letter came in the mail! :) Taking the oath in a couple of weeks. I have to say I am still extremely grateful and very excited to finally be able to consider myself an American Citizen!

The one advise I can give to ANYONE after this past month of extreme uncertainty and anxiousness is to PLEASE contact a lawyer if you have any Misdemeanors or past criminal history other than a speeding ticket. The $200 - $400 are well worth it for both peace of mind and to familiarize yourself with immigration law and the proceedings. It is the discretion of the IO to deny you of your citizenship, and sometimes some infractions that they might think can bar you of it are really not. An immigration lawyer will be able to honestly tell you if you need to worry.
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Congrats! Read your case, so happy for you!
 
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