File for review because...

T

tobby

New Member
I went to my interview two days ago I passed all the questions without problems; however my file went for review because I have criminal record, which I disclosed on my application as well during the interview.I submitted my case file and all the was required to be sent. Four years ago I was arrested for soliciting a police officer. I did not serve anytime in jail, I was cited and released. The case went to court, the soliciting charge was dismissed and instead plead guilty to public intoxication I had be intoxicate to be messing with the LAPD like that, rigth?. I did community service and the case was closed.
Q: is there a possible way for my outcome to look good, it can't be good if the file goes for review right?
 
tobby said:
I went to my interview two days ago I passed all the questions without problems; however my file went for review because I have criminal record, which I disclosed on my application as well during the interview.I submitted my case file and all the was required to be sent. Four years ago I was arrested for soliciting a police officer. I did not serve anytime in jail, I was cited and released. The case went to court, the soliciting charge was dismissed and instead plead guilty to public intoxication I had be intoxicate to be messing with the LAPD like that, rigth?. I did community service and the case was closed.
Q: is there a possible way for my outcome to look good, it can't be good if the file goes for review right?
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If the soliciting charge was dismissed, then you are left with a single charge of public intoxication which is not, in and of itself, a bar to establishing good moral character. But I am sure they will have to review all the paperwork and get sign-off from the supervising IO in your DO. It may delay things, but it should not prevent you from being approved for naturalization.

However, if you are worried about the worst case scenario, I believe you may have to wait five years from the completion of your sentence to apply again. But I don't think this scenario is likely given your description of the situation.
 
Thanks for the encouraging words, is unbelievable how one day changed my life. Even years removed from the incident I could not take it back. Might not be ever be an American, but am human for life.
thanks again.
 
I think you will be fine and even the worst case occurs, you can still re-apply
when it is outside 5 years.
 
Its pretty close from being five years from the offense that I comitted. ironicaly July 2004 I the dumb butt got arrested, by January 2006 I got dismissed of the initial charge convited of public intoxication, by June 2006 my case closed after completing my community service. i send my application this year on march, got fingerprints in May, got interviewed in July, (passed the test) waiting, file for review, and my resident card expires in October.... Should I renew it.
 
Public intoxication does not preclude you from demonstrating GMC. You should be fine..expect 1-2 months to get your oath letter.
 
tobby said:
Its pretty close from being five years from the offense that I comitted. ironicaly July 2004 I the dumb butt got arrested, by January 2006 I got dismissed of the initial charge convited of public intoxication, by June 2006 my case closed after completing my community service. i send my application this year on march, got fingerprints in May, got interviewed in July, (passed the test) waiting, file for review, and my resident card expires in October.... Should I renew it.
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There are approved cases with DUI within 5 years. I think public intoxication
is much better than DUI so you should be fine I think.

If money is not a big issue, I think you should renew the GC in case
 
Bobsmyth said:
Public intoxication does not preclude you from demonstrating GMC. You should be fine..expect 1-2 months to get your oath letter.
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I always wonder if the IOs are allowed to speculate on the contexts
of anyone's conviction. If they see that the original charge is much
worse, can they think that the offender get a conviction on a lighter charge
only because of techcality or plea bargan but the original charge should be used to judge character?
 
WBH said:
I always wonder if the IOs are allowed to speculate on the contexts
of anyone's conviction. If they see that the original charge is much
worse, can they think that the offender get a conviction on a lighter charge
only because of techcality or plea bargan but the original charge should be used to judge character?
Click to expand...
What's important is the charge you plead guilty to, not what you were arrested for.
 
To be honest, that IO made me feel like I was in court five years ago. He was like what "really happened". I mean I disclosed my case on the application, I submitted the court certified documation original and all. I guess thats why am here, because I feel discourage. course of me, and of the whole system. Shouldn't they have rejected my application when it got submitted? I could used the money to renew my GC.
 
tobby said:
He was like what "really happened". I mean I disclosed my case on the application, I submitted the court certified documation original and all. I guess thats why am here, because I feel discourage. course of me, and of the whole system. Shouldn't they have rejected my application when it got submitted? I could used the money to renew my GC.
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That's their way to get you to reveal more information than is on paper. For example, if you were in the wrong area at the wrong time and happened to be charged with solicitation but later reduced to intoxication, the IO may try to get you to admit to facts to the original charge.
The reason you didn't get rejection letter at interview is that your case must first be reviewed by a supervisor.
 
Bobsmyth said:
the IO may try to get you to admit to facts to the original charge.
Click to expand...

I think for most crimes, only conviciton matter. So what will happen
if the applicant simply say :"Yes I did it but I was not convicted for
it"?

By the way, some crimes or offenses must be precedded by other offenses and I am not sure if the IOs want to torture you for that.
For example, if you dislcosed you were charged for DUI when you were 20, will the IOs bother to ask how you got a hold of alcohol
beverage in teh first place? They can say you must have bought it and it is also an offense for anyoen under 21 to buy alcohol.
 
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WBH said:
I think for most crimes, only conviciton matter. So what will happen
if the applicant simply say :"Yes I did it but I was not convicted for
it"?
Click to expand...

Conviction under immigration laws includes "admitting to sufficient facts to warrant finding of guilt".
 
Bobsmyth said:
Conviction under immigration laws includes "admitting to sufficient facts to warrant finding of guilt".
Click to expand...

I believe that means "admitting to sufficient facts to warrant finding of guilt
to a judge in a criminal court". I am not sure if it is a conviction if you admit it
to the IO. There is no chance for finding of guilt outside crminal court whatso
ever. The IO can still call the police to come to arrest you assuming the offense
is still prosecutable but if the IO choose not to do it I don't think the IO
can treat it like you are convicted.
 
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Does the review happens becoz its in the 5yr time frame or it happens regardless??
In other words if the OP's arrest was sometime in 2000-2001(before the Green Card approval) would the review still take place????
 
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JohnZ07 said:
Does the review happens becoz its in the 5yr time frame or it happens regardless??
In other words if the OP's arrest was sometime in 2000-2001(before the Green Card approval) would the review would still take place????
Click to expand...

It seems the IO usually give an "decision can not be made" decision
in such cases even if it does not matter any more.
 
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