Citizenship denied, Poor Moral Charactor, Cited for Underage Cnsumption of Alcoholic

P

PJW

New Member
I am new here, and hope you guys can help me out.
I passed interview on 4/2008, and get a citation on 09/2008 for underage comsuption of alcoholic beverage (the only instance I had, nothing else, not even parking ticket) before citizenship ceremony. I told the officer during naturalization ceremony on 10/2008, that I will appear at the court for hearing on later 10/2008. The officer told me I can not get my citizenship that day, said I will receive a letter from INS state what I need to do.
I received "Motion to reopen" a letter from INS days later and ask me to provide court decision within 15 days.
The court decision was 20 hours community service plus 8 hours alcohol awareness training, and $100+ court costs then the charge will be removed, the next court hearing scheduled at the end of Dec 2008.
I have sent court decision and several recommendation/good moral letters from school and church I belong to to INS.
I received a letter earlier November told me my application for citizenship, was denied because, I believe the final decision for the case has not reach yet, the hearing date is Dec 2008. But I do have a choice to "file a request for review hearing with INS" within 30 days.

My questions are: 1) should I move forward to request for review, because if my review is granted, my underage drinking case will be cleared; 2) Or should I just fill a new N-400 after the case is cleared on December? Or do I have to wait for 5 years to refill N-400?

Thanks guys.
Peter
 
Bobsmyth, Thanks for quick reply, I am in contact

with an immigration attorney. He said there is "a change" for successful appeal, because at the time of appeal interview, the underage drinking case will be dismissed. But his colleague had different view, and said the chance is minimum.
But I read post on this web site and the letter I received from INS, I get the impression of my application was denied because the case was pending when decision was made.
Another question is, if I do not appeal this time, do I have to wait for 5 years to reapply, or can I reapply immediately after the case is cleared?
Thanks a lot.
Peter
 
The denial was most likely based on the fact that your sentence was not completed before the oath ceremony. If you attempt an appeal of the original decision, I don't think it would be overturned since it was based on the original circumstance. Your appeal would have to show how the original USCIS decision was incorrect, not how your circumstance has now changed. It would have been better for you to try to delay the oath until after your court date in December.

As for reapplying, underage drinking is not a CIMT and therefore you don't have to wait 5 years after conviction to reapply. You could reapply immediately after your sentence is completed and final court hearing.
 
Bobsmyth, Thx for the info. You are absolutely correct when you say "for reapplying, underage drinking is not a CIMT and therefore you don't have to wait 5 years after conviction to reapply. You could reapply immediately after your sentence is completed and final court hearing". I did so and went through ceremony recently.
As a matter of fact, I consulted with a famous immigration attorney (for $250 fee) works in a major Law firm in Pittsburgh. He told me to apply for review, otherwise, I had to wait for 5 years. He saw all my documents and we talked face to face. What a $250 joke!
Ironically, his assistant told me privately/off the book, that the review application would be useless and would be a totally waste. I am also thankful for this person.
During interview, the officer did not even ask anything related to that drink instance, at all! Seem like it never happened.
Good luck to everyone!
 
PJW said:
Bobsmyth, Thx for the info. You are absolutely correct when you say "for reapplying, underage drinking is not a CIMT and therefore you don't have to wait 5 years after conviction to reapply. You could reapply immediately after your sentence is completed and final court hearing". I did so and went through ceremony recently.
As a matter of fact, I consulted with a famous immigration attorney (for $250 fee) works in a major Law firm in Pittsburgh. He told me to apply for review, otherwise, I had to wait for 5 years. He saw all my documents and we talked face to face. What a $250 joke!
Ironically, his assistant told me privately/off the book, that the review application would be useless and would be a totally waste. I am also thankful for this person.
During interview, the officer did not even ask anything related to that drink instance, at all! Seem like it never happened.
Good luck to everyone!
Click to expand...

This is a good ending.
 
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