my interview experience at San Jose office

WhoRunTings

Registered Users (C)
Hi all...

My interview notice took longer than most people on this forum, but I finally had my interview today in San Jose! Let me describe the experience while it is still fresh in my head. There are some interesting things that happened: I got some insight into traffic tickets and records of arrests, which are hot topics here.

But let me caution you that there are MANY immigration officers out there with many moods, so I do NOT guarantee that doing what I did will get you the same result!!!

To summarize, the immigration officer (IO) asked me, at one point or another, to see the following documents:
  • original of green card
  • original state issued ID (my driver's license)
  • copy or original of Selective Service registration (I gave him copy)
  • court disposition record (more on this below)
  • my passport (which is now expired)

I made a ton of copies of all this stuff, but the IO did not want to keep them. Also despite the fact that I traveled, the IO never looked at my visas or re-entry stamps (they were all in my travel document, not my passport, since I have not had a functional passport in over a decade). No checking the I-94 (I did not even have it). No looking at tax records (didn't have them, either). No use of the extra passport photos (those I had!).

The IO, whose name and gender I will not disclose out of respect for privacy, was very nice and friendly, but clearly rushed. The interview started late (I was on time). I think the IO liked me because I spoke English well, something that the IO remarked about. However, throughout the process, the IO kept asking me the same questions repeatedly (have I paid all my taxes? yes. have I ever been married or have children? no. have I committed any crimes? sort of -- see below), which makes me wonder how much attention the IO paid to what I was saying. I had to double- and triple-ask some things just to be sure.

As usual, we opened with me swearing an oath to tell the truth. Then, I opened the interview by asking to make a statement. I said that although I filled out the application to the best of my ability, I found some instructions ambiguous (and I have no lawyer to help me), so I wanted to ask the IO some questions as we went through it page by page to make sure my application is "perfect". The IO said OK, let's do it.

The first snag was the fact that my name has several spellings, all of which have been used at some point somewhere. It's all variations of the same name, but you know how it is with translating foreign names -- there is more than one way to do it! My green card has one spelling, a godawful one (let's call that "Name A"). But I happened to have a certified translation of my birth certificate, on which my PREFERRED spelling is used (let's call that "Name B"). Moreover, some of my USCIS documents have a typo in Name A, so now we have a "Name C", which I forgot to list on Question 1C ("other names used") on N-400 and had to add at the interview.

I submitted the birth certificate with my N-400 with Name B, but because I like Name B and hate Name A so much, I also said on the N-400 that I want to legally change my name to Name B (half of my school records, financial records, etc. use that name anyway). The IO (after much confusion) explained that the San Jose office actually does not have the jurisdiction to do legal name changes. Moreover, it is completely unnecessary since my file turned out to contain the translation of my birth certificate with Name B, which is what will be on my naturalization certificate. So, the name change got crossed out and I will have Name B on my certificate. Victory!

The IO ran my Selective Service registration through the computer, which came up fine.

Then we got to the fun part -- my criminal record. I have a single blotch on my record, which is an arrest I discussed in this thread:
http://forums.immigration.com/showthread.php?t=292133

After some questions, I gave the IO the original certificate of disposition that I got from the court and explained that my "yes" answers to Q15-Q21 were as a result of that.

Now, I also reported a traffic ticket and a written warning on the N-400, but I did NOT report verbal warnings, parking tickets, or being questioned by a police officer for a crime I did not commit (and being let go). However, I came prepared with a complete list of all these things, because I was starting to get a bit nervous about not disclosing these on the original N-400 -- so, better tell the IO now!

However, the IO did not care about the traffic violations (whether tickets or written/verbal warnings), repeating that they only care about "crimes", and the fact that the IO so vehemently refused to append a list of my verbal warnings to the application despite my best attempts to do so (to make it complete) and repeatedly said that traffic offenses don't matter, all of this made me think this IO does not consider traffic offenses "crimes".

I SPECIFICALLY asked the IO which of those qualified as "detention", just out of curiosity. I discussed this matter in this thread:
http://forums.immigration.com/showthread.php?t=292134

The IO said that getting pulled over did qualify as detention (so all of you -- even if it is a verbal warning, still report it!!), but also stated that they were not concerned at all about traffic violations, only "crimes". The IO repeatedly said that traffic offenses DO NOT count against you!

The same officer, at the same desk in the same office, then hastily administered the writing test (write down one sentence), the reading test (read one sentence), and the civics (got 6 correct, then the IO stopped asking).

In the end, the officer said everything looked good but could not make a decision immediately due to my arrest, saying they will have to look up New York state law (where I was arrested) and send me a letter in 1-2 days. But the IO said that because it was a misdemeanor and the case was dismissed and sealed, this particular IO will not count it against my Good Moral Character, but still needed to check NY law. Oh well, I will be posting here as soon as I find out!

Altogether, my application wound up having 9 (nine!) changes that I had to sign off on, despite my best attempts to get it right the first time. Oh well, that's what the interview is for, right?!!
 
Thanks for sharing.....good luck to you and do keep us posted regarding the final outcome of your case. I am sure you will receive your approval notice shortly.
 
Thanks wong561hb!

Based on my experience, I have posted in several threads (like ones I started earlier when preparing my application), trying to elaborate some things I learned from the interview. Here are my relevant posts in case anyone is interested...

Regarding traffic tickets:
http://forums.immigration.com/showpost.php?p=2084298&postcount=2174

Regarding definition of "detained":
http://forums.immigration.com/showthread.php?t=292134
(entire thread, see the end for update based on interview)

Regarding how to report "adjournment in contemplation of dismissal" for my arrest:
http://forums.immigration.com/showthread.php?t=292133
(entire thread, see the end for update based on interview)

Hope that helps...

(DISCLAIMER: I am not affiliated with any other people named "WhoRunTings" on the Internet. I created this name strictly for this forum. I don't know who these other folks are, but they ain't me.)
 
Thanks for posting this detailed experience. Applications with arrests have to always go to supervisor, so they never get a recommended for approval at the interview. Said that, I feel pretty confident that you are going to get an oath letter.

Good luck.
 
That was very good explanation (and yeah, your english is really good).
It is usual to forward the cases to supervisor approval (for further review) where arrest/crime involved. It is almost approved. Hope you will get your oath letter soon.
Good Luck!

Hi all...

My interview notice took longer than most people on this forum, but I finally had my interview today in San Jose! Let me describe the experience while it is still fresh in my head. There are some interesting things that happened: I got some insight into traffic tickets and records of arrests, which are hot topics here.

But let me caution you that there are MANY immigration officers out there with many moods, so I do NOT guarantee that doing what I did will get you the same result!!!

To summarize, the immigration officer (IO) asked me, at one point or another, to see the following documents:
  • original of green card
  • original state issued ID (my driver's license)
  • copy or original of Selective Service registration (I gave him copy)
  • court disposition record (more on this below)
  • my passport (which is now expired)

I made a ton of copies of all this stuff, but the IO did not want to keep them. Also despite the fact that I traveled, the IO never looked at my visas or re-entry stamps (they were all in my travel document, not my passport, since I have not had a functional passport in over a decade). No checking the I-94 (I did not even have it). No looking at tax records (didn't have them, either). No use of the extra passport photos (those I had!).

The IO, whose name and gender I will not disclose out of respect for privacy, was very nice and friendly, but clearly rushed. The interview started late (I was on time). I think the IO liked me because I spoke English well, something that the IO remarked about. However, throughout the process, the IO kept asking me the same questions repeatedly (have I paid all my taxes? yes. have I ever been married or have children? no. have I committed any crimes? sort of -- see below), which makes me wonder how much attention the IO paid to what I was saying. I had to double- and triple-ask some things just to be sure.

As usual, we opened with me swearing an oath to tell the truth. Then, I opened the interview by asking to make a statement. I said that although I filled out the application to the best of my ability, I found some instructions ambiguous (and I have no lawyer to help me), so I wanted to ask the IO some questions as we went through it page by page to make sure my application is "perfect". The IO said OK, let's do it.

The first snag was the fact that my name has several spellings, all of which have been used at some point somewhere. It's all variations of the same name, but you know how it is with translating foreign names -- there is more than one way to do it! My green card has one spelling, a godawful one (let's call that "Name A"). But I happened to have a certified translation of my birth certificate, on which my PREFERRED spelling is used (let's call that "Name B"). Moreover, some of my USCIS documents have a typo in Name A, so now we have a "Name C", which I forgot to list on Question 1C ("other names used") on N-400 and had to add at the interview.

I submitted the birth certificate with my N-400 with Name B, but because I like Name B and hate Name A so much, I also said on the N-400 that I want to legally change my name to Name B (half of my school records, financial records, etc. use that name anyway). The IO (after much confusion) explained that the San Jose office actually does not have the jurisdiction to do legal name changes. Moreover, it is completely unnecessary since my file turned out to contain the translation of my birth certificate with Name B, which is what will be on my naturalization certificate. So, the name change got crossed out and I will have Name B on my certificate. Victory!

The IO ran my Selective Service registration through the computer, which came up fine.

Then we got to the fun part -- my criminal record. I have a single blotch on my record, which is an arrest I discussed in this thread:
http://forums.immigration.com/showthread.php?t=292133

After some questions, I gave the IO the original certificate of disposition that I got from the court and explained that my "yes" answers to Q15-Q21 were as a result of that.

Now, I also reported a traffic ticket and a written warning on the N-400, but I did NOT report verbal warnings, parking tickets, or being questioned by a police officer for a crime I did not commit (and being let go). However, I came prepared with a complete list of all these things, because I was starting to get a bit nervous about not disclosing these on the original N-400 -- so, better tell the IO now!

However, the IO did not care about the traffic violations (whether tickets or written/verbal warnings), repeating that they only care about "crimes", and the fact that the IO so vehemently refused to append a list of my verbal warnings to the application despite my best attempts to do so (to make it complete) and repeatedly said that traffic offenses don't matter, all of this made me think this IO does not consider traffic offenses "crimes".

I SPECIFICALLY asked the IO which of those qualified as "detention", just out of curiosity. I discussed this matter in this thread:
http://forums.immigration.com/showthread.php?t=292134

The IO said that getting pulled over did qualify as detention (so all of you -- even if it is a verbal warning, still report it!!), but also stated that they were not concerned at all about traffic violations, only "crimes". The IO repeatedly said that traffic offenses DO NOT count against you!

The same officer, at the same desk in the same office, then hastily administered the writing test (write down one sentence), the reading test (read one sentence), and the civics (got 6 correct, then the IO stopped asking).

In the end, the officer said everything looked good but could not make a decision immediately due to my arrest, saying they will have to look up New York state law (where I was arrested) and send me a letter in 1-2 days. But the IO said that because it was a misdemeanor and the case was dismissed and sealed, this particular IO will not count it against my Good Moral Character, but still needed to check NY law. Oh well, I will be posting here as soon as I find out!

Altogether, my application wound up having 9 (nine!) changes that I had to sign off on, despite my best attempts to get it right the first time. Oh well, that's what the interview is for, right?!!
 
So any arrest no matter why, it needs to be approved by a supervisor? I think I've seen cases where they get aproved right then......am I wrong?
 
Let me qualify. Criminal background seems to always lead to supervisor review of the circumstances. Do you have pointers to those cases? Could it be that they were traffic tickets, or other non-criminal citation?
 
I agree. I haven't heard anyone with criminal/arrest background getting approved right on the spot. I think the IO would not be able to approve it right after the interview and he must submit it for final approval by his authorities (then they will do further review before making final decision - even though the case is approved in most cases, depending on the severity of the crime, etc).
 
My best friend's sister is applying soon and she has a misdemeanor back in 2005 or 06 Im not too sure when, it was for shop-lifting ($240.00) worth and she did get arrested overnight and was only order to pay court fees and that's it, no community hours or any other fines. She asked me about it but I have no idea of the process in this case. She is going to mention it on her application and she is also sending certified copies of all the paper related to this.
 
There is room for potential slowdowns since this incident still falls in the last 5 year window.

My best friend's sister is applying soon and she has a misdemeanor back in 2005 or 06 Im not too sure when, it was for shop-lifting ($240.00) worth and she did get arrested overnight and was only order to pay court fees and that's it, no community hours or any other fines. She asked me about it but I have no idea of the process in this case. She is going to mention it on her application and she is also sending certified copies of all the paper related to this.
 
Yeah who knows with them huh!? If anyone had any experience like this please post, it would be great help for her, you know how we all get nervous with this process hehe.
 
I would recommend a couple of things:

1. Wait until after 5 years of the incident
2. If friend doesn't want to do 1, then get a good lawyer to evaluate the chances of approval.

I am not an expert on this, but I think shoplifting is a serious crime in the eyes of USCIS and can lead in worst case scenarios to deportation.

Please check this link if you think I'm exaggerating:

http://www.murthy.com/news/UDshoplg.html
 
Thanks Huracan.


It doesn't seem that her case is as bad as it sounds I think after reading that article, her was a minor case and the conviction was only paying court fees, she just mentioned to me that when she got a background check at her job it said :witheld - petty theft ...or some word like that so Im assuming this is better than a bigger offense....we'll see I wish her luck.
 
As I said, I don't have the background or experience to distinguish between a serious case and a "trivial" one. I wish her good luck too.
 
It doesn't seem that her case is as bad as it sounds I think after reading that article, her was a minor case and the conviction was only paying court fees, she just mentioned to me that when she got a background check at her job it said :witheld - petty theft ...or some word like that so Im assuming this is better than a bigger offense
Since the fine was quite small, it may appear that this incident would not have serious consequences as far as the immigration concerned. But, shoplifting is a crime of moral turpitude in the eyes of immigration authorities which theoretically may lead to deportation. If I were your friend, I would wait until 5 years after the crime has occured and I would still hire an immigration lawyer for the entire duration of the N-400 process.
 
Yeah. I talked to her and she said she wasn't "formally charged" so in criminal law means NO CONVICTION, i dont know it if means the same for immigration law because her JUDGEMENT was "adjudication of guilt be withheld " that means she plead guilty but was found NOT GUILTY by the judge, usually given to ppl when it is the first time they break the law with minor offenses. Her best choice is to seek an attorney to make sure she fills the application the right way.
 
I agree. I haven't heard anyone with criminal/arrest background getting approved right on the spot. I think the IO would not be able to approve it right after the interview and he must submit it for final approval by his authorities (then they will do further review before making final decision - even though the case is approved in most cases, depending on the severity of the crime, etc).

How is that if the detention history was because of out of immigration status ( visa expired, later got green card. )? Has this kind of case to be submit to supervisor? Can't be recommed for approval at the time of interview?

I am sure this kind of detetion is not a crimnal, but it was detention by INS. Anybody heard this kind of case? Thanks!
 
guys i had a misdemeanor in 2002 and then i left the US , after two years i came back and i opened the case but my lawyer said you have to plea guilty so i did but now i have my nat 400 pending even though i had an interview 3 months back no decision was made how should i wait for the oath letter
 
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