Deposition obtained and N400 application

H

humble

Registered Users (C)
I recently obtained my deposition for a criminal charge I had and it states the following...

April 2006 Bail set by rule of court
May 2006 Motion Deft-- continuance--MD
Theft school- 5 days of community service
August 2006 NOLLE PROSEQUI
August 2006 DEF demand for trial

In applying for N400 one must have good moral charcater and have not been convicted with CIMT...with the kind of deposition above, Is this still considered a conviction for immigration purposes? Im kinda scared on the part where in the community service and the class was noted but I DID NOT plead guilty or admitted to any. Thankyou for all the responses in advance. Thanks.
 
If the disposition of your case was “decline prosecution” or “nolle prosequi”—meaning
that the prosecutor had the case dismissed—you will have to go through the D.A.’s office to obtain information. Ask the D.A. to provide a letter or form that states the prosecutor did not pursue the case, that is what I did in NY. Court rules vary by state and I would suggest your consult with a lawyer if you cannot obtain any information. I hope this helps, send me a PM if anything else. I am a little confused by the info, if the case was in fact dismissed then you had community service and "DEF demand for trial"? Could you elaborate?

Even if you did not plead guilty or admit anything , a court can still convict you.

Another thing, you mentioned you received a deposition, what about the certifcate of disposition, did you obtain that too or is that the document you are refering to? A deposition and the disposition are two different things.
 
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Thanks Dana for yourreply...the deposition I got is the certified copy from the court obtained by mylawyer after the criminal charge was NOLLE PROSEQUI>the community service and the theft class was a deal done between my lawyer and the DA and if thats completed charge willbe nolleprosequi. I wasa little baffled as well about that but I know I DID NOT admit to anything nor PLEAD GUILTY to the judge. I guess when my lawyer asked for a demand for trial when we came back the prosecutor nolle pros the whole thing. It was probably interchanged or something. So do you suggest I go to court and ask the DA for an explanation or something? Im scared about applying. Im using the samecriminallawyer i had for immigration purposes, he is in private practice and he said I should be okay. With regards to arrestrecord do you think I should still obtained one...im kinda scared to submit it since you know how police writes their report...though i know USCIS should not base their conclusion on arrest records and should mostly be just the deposition. GOODLUCK on your interview on the 13th I know youll be okaysince your happened when you were a minor :) Goodluck!
 
Definition of Conviction according to USCIS

Okay, I found this definition of conviction from the USCIS web site :
(c) Definition of “Conviction”. Most of the criminal offenses that preclude a finding of good moral character require a conviction for the disqualifying offense. Sometimes, it is difficult to determine if the outcome of the arrest resulted in a conviction. Various states have provisions for diminishing the effects of a conviction. In some states, adjudication may be “deferred” upon a finding or confession of guilt. Some states have a “diversion” program whereby the case is taken out of the normal criminal proceedings in order to avoid criminal prosecution and so that the person may benefit from a counseling or treatment program.

Prior to the passage of the 96 Act (IIRIRA), Matter of Ozkok, 19 I&N Dec. 546 (BIA 1988) defined “conviction” for immigration purposes. That decision set forth a “3- pronged test” for determining convictions:

• the alien pled guilty or nolo contendere or was found guilty of the charges against him or her.

• the judge ordered some form of punishment, penalty, or restraint of liberty to be imposed.

• a judgment of adjudication of guilt may be entered without further proceeding regarding guilt or innocence if the person violated the terms of probation or failed to comply with the requirements of the court order.

In the 96 Act, Congress broadened the scope of the definition of “conviction” by deleting the “3rd prong”. The definition of “conviction” in Matter of Ozkok is no longer in effect. Section 101(a)(48)(A) of the Act defines “conviction” as:

• a judge or jury has found the alien guilty or the alien entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and

• the judge has ordered some form of punishment penalty, or restraint on the alien’s liberty to be imposed.

By removing the third prong of Ozkok, Congress intended that even in cases where the adjudication is “deferred”, the original finding or confession of guilt and imposition of punishment is sufficient to establish a “conviction” for immigration purposes. Source: USCIS.govClick for direct link
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I still think you should still get a certified document from the DA or something to that effect from the court. You should get your arrest record not only for USCIS but for your own good so that you too will see and know what it says and not be surprised. If the records were not sealed or expunged USCIS should easily be able to obtain a copy, but you should bring one too. My mother says never offer info unless you are asked for it, but get it just in case. Thanks for the well wishes, I will post an update after.
 
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Dana,
So with the community service do you think i am convicted as far as immigration is concerned? Thanks for the definition and the tip from your mother. I am planning to have the expungement done soon so hopefully all i have to bring when the interview comes is the expungement record...i appreciate it and goodluck again :)
 
Arrest and Immigration

I think I can honestly say that it would be at the discretion of the IO, but I highly recommend you discuss it with your attorney, heck even get a second opinion from an accreditted immigration attorney(if you do more research and have the money, get a good one) and you should take them into your interview with you.

I would also suggest you wait five years before you apply, I have been a LPR for almost 10 years but I did not apply sooner because of my arrest(in 2000). But you must do what you must I can't tell you what to do.
 
To Dana

Hi thanks for the informations...i I actually have asked a lawyer to help me prepare for the citizenship and asked him to be with me at the interview. I did mostof the application and he just checked it for me. I have recently received the fingerprinting letter and would be doing it next week. Th eonly thing though is that the confirmation letter I got says Im missing evidence. Neither my lawyer and I has any idea what that could be since we submitted almost everything. I also submitted the certified copy from the court of the desposition of the case. And a letter from my letter stating that the case was nolle prosequi and that no admittance of guilt was made. My question is would they send you a letter stating what that missing evidence is? I saw your post about that and you said you have received one. WIll they send it to you as soon as youre done with the fingerprinting? Thanks so much in advance for the reply :)
 
humble said:
Hi thanks for the informations...i I actually have asked a lawyer to help me prepare for the citizenship and asked him to be with me at the interview. I did mostof the application and he just checked it for me. I have recently received the fingerprinting letter and would be doing it next week. Th eonly thing though is that the confirmation letter I got says Im missing evidence. Neither my lawyer and I has any idea what that could be since we submitted almost everything. I also submitted the certified copy from the court of the desposition of the case. And a letter from my letter stating that the case was nolle prosequi and that no admittance of guilt was made. My question is would they send you a letter stating what that missing evidence is? I saw your post about that and you said you have received one. WIll they send it to you as soon as youre done with the fingerprinting? Thanks so much in advance for the reply :)
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Nearly everyone gets the same "missing evidences" statement on their notice letter, regardless of whether there is or not.
 
Thanks

Thanks for the information.One more question do I still need to get a copy of the arrest record? I already submitted a certified true copy of my desposition in court which was a nolle prosequi. Or is it enough proof that my case was thrown out or the court is no longer prosecuting :) thanks again for the response.Just made me feel a little better:)
 
Response to your post

humble said:
One more question do I still need to get a copy of the arrest record? I already submitted a certified true copy of my desposition in court which was a nolle prosequi. Or is it enough proof that my case was thrown out or the court is no longer prosecuting :) thanks again for the response.Just made me feel a little better:)
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Yes, I had received that "Missing Evid.." letter, but I never got any other follow up letter, nor was I asked for anything at the interview. I am now a citizen :D and everything is fine.

I was not asked for the arrest record that I so painstakingly obtained, nor was I asked for any court/police documents, nothing at all (like I said before I only give what I am asked for). But I still think you should get a state police report anyway, if not for the CIS, get it just for yourself. But from my own experience, I think your court documents that you already submitted should be fine. I had only submitted court documents with my N-400 saying that my case was dismissed etc (I mentioned this in my interview post too). Good Luck!
 
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Thanks

Thankyou forthe replies. Iguess im so scared of what the interview might turn out that is why im panicking although my lawyer told me I shouldnt since I have no conviction but just arrest. I am in the process of expungement and I am not sure if Ill be able to acquire still a copy of the arrest record. I have submitted though the certified copy of court disposition from the court and have submitted an explanation that it was not a conviction and have not commited a CIMT. Thankyou and I will still tryto find out how I can acquire the arrest record inspite of the expungement is already in the process. Thanks.
 
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