Hello Everyone,
The naturalization process has been extremely terrible for me.
I have had 3 previous arrests in the past and all of them were expunged through court disposition over 5 years ago.
I had a conviction for:
1. misdemeanor for possess of more than 1 oz of marijuana
2. misdemeanor for being on the beach after hours
3. misdemeanor for domestic violence
During the naturalization interview, the examiner advised me that the exam was a pass. But she needs 120 days to review my previous criminal cases. Which at that time, I brought all my paper work with including the certified copies of the court expungement letters.
After about 30 days, they mailed a letter to me during December 09, asking for certified copies of all criminal records, arrest records, court dispungement letters. So I went to the court and police station requesting for these information. However, the court and police station advised that they destroy all records on file after 5 years. So I had both the court and the police station get a signed letter for me stating that all information is not found.
I wrote a letter back to immigration office along with those 2 letters from the court and police station stating that the queries do not exist anymore in their database. I just received a letter back today from immigration stating that the denied my naturalization due to the fact that I did not include a criminal history record from California Department of Justice as well as the certified copies of my complete arrest reports, court dispositions and probation reports. They even stated that the documents I sent were not certified copies.
In addition,they wrote the following to me:
"Your failure to comply with the service's request has resulted in your failure to establish good moral character during the prescribed five year statutory period. Therefore you are not eligible to the benefit sought.
Thus you do not meet the requirements for naturlization as provided for in Section 316(a) of the Act and you are not eligible under any other section of law. Therefore, your application for naturlization must be and is hereby denied. No appeal lies from this decision. However, in accordance with 8 C.F.R. 336.2, you may request a hearing before an immigration officer within 30 days of the date of this notice."
What they wrote is not clear.
Are they allowing me to appeal this denial? What exactly is a hearing for?
The examiner has all the certified copies of the dismissals already. But she is saying that she needs it for the 1st case which is the marijuana charge. What should I do? Should I hire another attorney to deal with this problem again?
The attorney that went with me for the exam, I do not trust him anymore. He did not do anything for me. Just sat there and that's it.
When I received this denial letter, I immediately went to get a Live Scan for it to be sent to the Department of Justice because I think that department is the only place that has my records now. What should I do? Have only 30 days left.
Any advise would be very helpful.
Sincerely,
E
The naturalization process has been extremely terrible for me.
I have had 3 previous arrests in the past and all of them were expunged through court disposition over 5 years ago.
I had a conviction for:
1. misdemeanor for possess of more than 1 oz of marijuana
2. misdemeanor for being on the beach after hours
3. misdemeanor for domestic violence
During the naturalization interview, the examiner advised me that the exam was a pass. But she needs 120 days to review my previous criminal cases. Which at that time, I brought all my paper work with including the certified copies of the court expungement letters.
After about 30 days, they mailed a letter to me during December 09, asking for certified copies of all criminal records, arrest records, court dispungement letters. So I went to the court and police station requesting for these information. However, the court and police station advised that they destroy all records on file after 5 years. So I had both the court and the police station get a signed letter for me stating that all information is not found.
I wrote a letter back to immigration office along with those 2 letters from the court and police station stating that the queries do not exist anymore in their database. I just received a letter back today from immigration stating that the denied my naturalization due to the fact that I did not include a criminal history record from California Department of Justice as well as the certified copies of my complete arrest reports, court dispositions and probation reports. They even stated that the documents I sent were not certified copies.
In addition,they wrote the following to me:
"Your failure to comply with the service's request has resulted in your failure to establish good moral character during the prescribed five year statutory period. Therefore you are not eligible to the benefit sought.
Thus you do not meet the requirements for naturlization as provided for in Section 316(a) of the Act and you are not eligible under any other section of law. Therefore, your application for naturlization must be and is hereby denied. No appeal lies from this decision. However, in accordance with 8 C.F.R. 336.2, you may request a hearing before an immigration officer within 30 days of the date of this notice."
What they wrote is not clear.
Are they allowing me to appeal this denial? What exactly is a hearing for?
The examiner has all the certified copies of the dismissals already. But she is saying that she needs it for the 1st case which is the marijuana charge. What should I do? Should I hire another attorney to deal with this problem again?
The attorney that went with me for the exam, I do not trust him anymore. He did not do anything for me. Just sat there and that's it.
When I received this denial letter, I immediately went to get a Live Scan for it to be sent to the Department of Justice because I think that department is the only place that has my records now. What should I do? Have only 30 days left.
Any advise would be very helpful.
Sincerely,
E