Applicant 1 had smooth process. sent N400 on 02/01/2009, interviewed on 06/09/2009,took oath on 07/22/2009.
Applicant 2 (myself) had a bizaare but yet interesting expriences - sent N400 in March 2009,
scheduled for interview on 07/0X/2009, got a descheduling notice in June. Got a rescheduling
notice for interview on 10/0X/2009, then got a rescheduling notice in Sepetember, one
week before the re-scheduled interview. Then got third interview letter on 12/01/2009
for interview on 01/0X/2010. Did not get descheduling notice and Went to the DO on time
(Monday) but at the check-in window was told by the receptionist that my file was still not here yet.
The receptionist was nice and promised to make a personal inquirry and would call me
by the end of that week. On thursday of that week I got the call from teh recepnist and he told
me my filed finally arrived and asked if I could come next tuesday to which I happily replied Yes.
So after having been descheduled for three times, I was finally interviewed and got a decision
can not be made result (I'll explain why later). Then I got an oath letter sent on 02/03/2010
and finally took an oath and became a citizen.
This descheduling-rescheduling cycle may help some in similar cases. This is one thing that is
interesting about my case. The other may be interesting to a few others. I had a firearm
offense before getting the GC. Thte case was dismissed thru deferred judgement after I plead guilty
By law, that is a deportable offense as defined in INA ACT 237 but not an inadmissible offense as defined in INA ACT 212. So my GC was still approved. Rigth after apprioval of GC, I thought I could
put it behind but when coming to citizenship application, I was not sure if it was stilld eportable
or not. A local lawyer I consulted told me I was still deportable. Eventually via another lawyer
I found this Matter of Rainford (http://www.justice.gov/eoir/vll/intdec/vol20/3191.pdf), which
clearly said deportable but not inadmisisble offense can not be used again for deportation
after the GC was granted. So I had a memo written citing this Matter of Rainford.
During the interview this conversation went on between me and the IO. He first let me sign a attonery waiver form because I hired a lawyer but he only write a memo and told me bring a lawyer
to the inetrview is not worth money (for whcih I thanked him for this advice since it save
me a lot fo moeny)
IO: Have you ever been arrested anywhere in the world?
me: I was cited for posession of concealed weapon
IO: what happened?
me: I had a revolver in the trunk of my car and I was pulled over and told the police I had a
weapon. So the police gave me a citation. I went to the court, plead guilty and the case
was dismissed.
IO: so you were on probation:
me: I did not know that legal term. The case was dismissed after 6 month. I did not know
it was illegal to carry a a weapon in the car's trunk . I was sorry and I apologized for what I
did (IO seems to appreciate my apology and acknowledge that I just made a stupid msitake
due to ignorance of law)
IO: Did you have the court docuemnts
me: Yes (handed over teh court disposition paper) I disclosed that and submited the paper with I485
IO (nodded): where on the docuemnt does it say the final disposition
me: (pointed to I order teh case to be dismissed box checked by teh judge) here it is
IO: I don't think it is a problem. I'll go to ask my superviors
(after two or 3 minutes Io came back)
IO: my supervisor was not here but I do not think it is going to be a problem.
(Then He read the memo about matter of rainford but it seem he thought it
was not a big deal even before he read this matter of rainford).
Finally he gave me the ineterview letter and said the supervisor
was not here so he coudldnot give me "recommeded for approval"
but he again said he does not think it was going to be a problem.
The interview was roughly 20 minutes.
I have been prepared for either way up to the interview. I am very hopeful
otherwise I would not haved filed but I was embracing for denial plus deportation.
I took a "unless I can be naturalized but pretty much bwoudl become not intereed anymore in
living here only as PR and so that I'll have to face it one way or another" attitude. But after this
interview, I certainly became more hopeful but still had doubts. Then oath letter came 4 weeks
later and finally I became a citizen.
This may be inetresting for those who had similar expeirences that is having a deportable but not inadmissible offense before the green card.
You can use this "Matter of Rainford" as your eligibility for citizenship. Typical examples of such offense are domestic violence (but not aggravated to
become felony or CIMT which would be both dpeortable and inadmsisible) and simple generic firearm offenses.
The whole process took 11 months. During those desceduling-rescheduling cycle, I was
really fristrated. I don't think it has anything to do with my firearm offesne rather than soemthing is wrong with USCIS transporting A files for applicants . but two things comppunding together make
me really wonder. Now everything is over.
The funny thing is, when everything is over, I am happy and relieved but I am feeling a ltitle
bit emptiness. The final part of process is so easy it seems I worried for nothing in vain. I may have developped a Stockolm's Syndrome that I will miss USCIS.
Applicant 2 (myself) had a bizaare but yet interesting expriences - sent N400 in March 2009,
scheduled for interview on 07/0X/2009, got a descheduling notice in June. Got a rescheduling
notice for interview on 10/0X/2009, then got a rescheduling notice in Sepetember, one
week before the re-scheduled interview. Then got third interview letter on 12/01/2009
for interview on 01/0X/2010. Did not get descheduling notice and Went to the DO on time
(Monday) but at the check-in window was told by the receptionist that my file was still not here yet.
The receptionist was nice and promised to make a personal inquirry and would call me
by the end of that week. On thursday of that week I got the call from teh recepnist and he told
me my filed finally arrived and asked if I could come next tuesday to which I happily replied Yes.
So after having been descheduled for three times, I was finally interviewed and got a decision
can not be made result (I'll explain why later). Then I got an oath letter sent on 02/03/2010
and finally took an oath and became a citizen.
This descheduling-rescheduling cycle may help some in similar cases. This is one thing that is
interesting about my case. The other may be interesting to a few others. I had a firearm
offense before getting the GC. Thte case was dismissed thru deferred judgement after I plead guilty
By law, that is a deportable offense as defined in INA ACT 237 but not an inadmissible offense as defined in INA ACT 212. So my GC was still approved. Rigth after apprioval of GC, I thought I could
put it behind but when coming to citizenship application, I was not sure if it was stilld eportable
or not. A local lawyer I consulted told me I was still deportable. Eventually via another lawyer
I found this Matter of Rainford (http://www.justice.gov/eoir/vll/intdec/vol20/3191.pdf), which
clearly said deportable but not inadmisisble offense can not be used again for deportation
after the GC was granted. So I had a memo written citing this Matter of Rainford.
During the interview this conversation went on between me and the IO. He first let me sign a attonery waiver form because I hired a lawyer but he only write a memo and told me bring a lawyer
to the inetrview is not worth money (for whcih I thanked him for this advice since it save
me a lot fo moeny)
IO: Have you ever been arrested anywhere in the world?
me: I was cited for posession of concealed weapon
IO: what happened?
me: I had a revolver in the trunk of my car and I was pulled over and told the police I had a
weapon. So the police gave me a citation. I went to the court, plead guilty and the case
was dismissed.
IO: so you were on probation:
me: I did not know that legal term. The case was dismissed after 6 month. I did not know
it was illegal to carry a a weapon in the car's trunk . I was sorry and I apologized for what I
did (IO seems to appreciate my apology and acknowledge that I just made a stupid msitake
due to ignorance of law)
IO: Did you have the court docuemnts
me: Yes (handed over teh court disposition paper) I disclosed that and submited the paper with I485
IO (nodded): where on the docuemnt does it say the final disposition
me: (pointed to I order teh case to be dismissed box checked by teh judge) here it is
IO: I don't think it is a problem. I'll go to ask my superviors
(after two or 3 minutes Io came back)
IO: my supervisor was not here but I do not think it is going to be a problem.
(Then He read the memo about matter of rainford but it seem he thought it
was not a big deal even before he read this matter of rainford).
Finally he gave me the ineterview letter and said the supervisor
was not here so he coudldnot give me "recommeded for approval"
but he again said he does not think it was going to be a problem.
The interview was roughly 20 minutes.
I have been prepared for either way up to the interview. I am very hopeful
otherwise I would not haved filed but I was embracing for denial plus deportation.
I took a "unless I can be naturalized but pretty much bwoudl become not intereed anymore in
living here only as PR and so that I'll have to face it one way or another" attitude. But after this
interview, I certainly became more hopeful but still had doubts. Then oath letter came 4 weeks
later and finally I became a citizen.
This may be inetresting for those who had similar expeirences that is having a deportable but not inadmissible offense before the green card.
You can use this "Matter of Rainford" as your eligibility for citizenship. Typical examples of such offense are domestic violence (but not aggravated to
become felony or CIMT which would be both dpeortable and inadmsisible) and simple generic firearm offenses.
The whole process took 11 months. During those desceduling-rescheduling cycle, I was
really fristrated. I don't think it has anything to do with my firearm offesne rather than soemthing is wrong with USCIS transporting A files for applicants . but two things comppunding together make
me really wonder. Now everything is over.
The funny thing is, when everything is over, I am happy and relieved but I am feeling a ltitle
bit emptiness. The final part of process is so easy it seems I worried for nothing in vain. I may have developped a Stockolm's Syndrome that I will miss USCIS.
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