Naturalization n-400 + public intoxication = case denial,denied, inelegible.

I

ivantheterrible

Registered Users (C)
Hello.. I need help!!! .. i live in us for 11 years no criminal record.. last year i got public intoxication,, now in 2011 i got DENIAL,DENIED, INELEGIBLE ON my naturalization.. what i should do? i have 2 days to appeal... but i have to pay another u$ 650.

ONLY 1 PUBLIC INTOXICATION IN 11 YEARS IS ENOUGH TO BE DENIED??? NOW AM SO FRUSTRATED AND I FEEL LIKE A CRIMINAL.. MY LIFE CHANCE NOW.. AND AM THINKING TOTAL DIFFERENT OF THE USA LAWMAKERS.
 
I don't know about your situation but I will strongly advise you to contact these guys, they are good at what they do and have achieved what many will deem impossible with caselaws to prove it, at least you will be able to get advise on the phone; http://www.bretzlaw.com/federal-decisions/
 
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Did you get probation? If you applied for citizenship before the end of your probation, that would be an automatic denial, regardless of what the crime was.
 
HELLO Jackolantern and Jayoa thx for yours answers!!!
my thicket for public intoxication was 2/10/2010 y went to pre-trial i plead nolo-contendere, i did de 180 days of probation succefully, my ticket was desmissal. 11-4-2010
i submitted my n-400 form in 1-1-2011.
Now I have 20 days to apeal + pay $650 for the hearing.
What I should do now?????
Im worry if they going to denial again. and make it inelegible again... so I'll lose my $700 for submit N-400 plus $650 for the hearing. plus time,energy and day of work.
I belibe USCIS WORKERS DON KNOW TO INTERPRET THE LAW AND DONT USEING A GOOD SENSE OF INTERPRETING THE LAW.
 
I assume you disclosed the incident on the N-400 or at the interview, and submitted the necessary court paperwork?

If you didn't mention it on the application or at the interview, and they found out through their background checks, that would be another legitimate reason for denial.

But if you don't see a legitimate denial reason like that, arrange a consultation with an immigration lawyer to review the details of the case and the wording of the denial letter to figure out your chances of appeal. On the face of it, it seems like your denial was a wrong decision, but without seeing all the details we don't know if it's more serious than it sounds (e.g. suppose you were charged with assault for being in a bar fight, but then it was pleaded down to public intoxication).
 
What specific section of law is cited as the basis for denial? What is the written "Explanation" in the N-335 Denial Notice? Did you have perfect compliance on probation or where there any violations, even bench warrants for failure to pay on time or report late at any time?

Were there any other issues discussed in the denial?
 
HI BIGJOE5!! AND ALL OF U..
I submit in my interview the dismissal court dispositon of my public intoxication.
No not other issued are in my 11 years in USA.
DECISION:
IT SAY:
IN ACCORDANCE WITH SECTION 319a OF THE INMIGRACION AND NATIONALITY ACT,AS AMENDED.PURSUANT TO THE EXAMINATION OF YOUR APPLICATION,IT IS DETERMINED THAT YOU ARE INELEGIBLE FOR NATURALIZATION FOR THE FOLOWING REAZON, SECTION 316 ACT (INA)
TITLE 8,(CFR) PART 316.10
YOUR ARREST AND SUBSEQUENT CONVICTION OCCURRED DURING THE REQUISITE STATUTORY PERIOD DURING WICH YOU REQUIRED TO DEMONSTRATE GOOD MORAL CHARACTER.
BASED ON THE FOREGOING,IT IS DETERMINED THAT YOU HAVE NOT MET THE REQUERIMENTS FOR GOOD MORAL CHARACTER UNDER SCTION 316 INA AND 8 CFR 316.10 AS CITED AVOBE.. THEREFORE , YOU ARE INELIGIBLE FOR NATURALIZATION. ACCORDINGLY , YOUR APPLICATION IS DENIED.
 
i don't think this is a CIMT. contact immigration lawyer who has experience in these kind of cases. The other option is "Petty Offence exception".
 
ivantheterrible said:
HI BIGJOE5!! AND ALL OF U..
I submit in my interview the dismissal court dispositon of my public intoxication.
No not other issued are in my 11 years in USA.
DECISION:
IT SAY:
IN ACCORDANCE WITH SECTION 319a OF THE INMIGRACION AND NATIONALITY ACT,AS AMENDED.PURSUANT TO THE EXAMINATION OF YOUR APPLICATION,IT IS DETERMINED THAT YOU ARE INELEGIBLE FOR NATURALIZATION FOR THE FOLOWING REAZON, SECTION 316 ACT (INA)
TITLE 8,(CFR) PART 316.10
YOUR ARREST AND SUBSEQUENT CONVICTION OCCURRED DURING THE REQUISITE STATUTORY PERIOD DURING WICH YOU REQUIRED TO DEMONSTRATE GOOD MORAL CHARACTER.
BASED ON THE FOREGOING,IT IS DETERMINED THAT YOU HAVE NOT MET THE REQUERIMENTS FOR GOOD MORAL CHARACTER UNDER SCTION 316 INA AND 8 CFR 316.10 AS CITED AVOBE.. THEREFORE , YOU ARE INELIGIBLE FOR NATURALIZATION. ACCORDINGLY , YOUR APPLICATION IS DENIED.
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There must be more of an explanation than that single sentence. No Supervisor would let it go through if that is the whole text of the explanation. What USCIS Office was this issued from? What state was the conviction in? What state statute was listed?

Something is missing.

Filing an N-336 is expensive and it can take 6 months from filing before the "Second Hearing" (Appeal interview). In some cases, the long wait is helpful in providing additional time in making a case for a "reform of character". However, if the underlying offense (which you have not actually disclosed in the form of the State statute of conviction) throws up a bar from either the date of commission or date of conviction then an N-336 is a waste of money. Does the denial state that you must wait until a particular date before you can reapply? That would be the deciding factor to the determination as to filing the N-336.
 
Is the charge one of these or does some OTHER code section appear in your paperwork?

IF it happened in Texas--

TEXAS PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.

(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.

(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

(d) An offense under this section is not a lesser included offense under Section 49.04.

(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 12, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 25, eff. September 1, 2007.

How about: Texas Code of Criminal Procedure -

Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting
an individual who commits an offense under Section 49.02, Penal
Code, a peace officer may release an individual if:
(1) the officer believes detention in a penal facility is
unnecessary for the protection of the individual or others; and
(2) the individual:
(A) is released to the care of an adult who agrees to assume
responsibility for the individual; or
(B) verbally consents to voluntary treatment for chemical
dependency in a program in a treatment facility licensed and
approved by the Texas Commission on Alcohol and Drug Abuse, and the
program admits the individual for treatment.
(b) A magistrate may release from custody an individual
arrested under Section 49.02, Penal Code, if the magistrate
determines the individual meets the conditions required for release
in lieu of arrest under Subsection (a) of this article.
(c) The release of an individual under Subsection (a) or (b)
of this article to an alcohol or drug treatment program may not be
considered by a peace officer or magistrate in determining whether
the individual should be released to such a program for a subsequent
incident or arrest under Section 49.02, Penal Code.
(d) A peace officer and the agency or political subdivision
that employs the peace officer may not be held liable for damage to
persons or property that results from the actions of an individual
released under Subsection (a) or (b) of this article.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.04, eff. Sept. 1,
1994.

What about the punishment?

TEXAS PENAL CODE

TITLE 3. PUNISHMENTS

CHAPTER 12. PUNISHMENTS

SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS

Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:

(1) a fine not to exceed $4,000;

(2) confinement in jail for a term not to exceed one year; or

(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
 
i been reading all my papers and no where say any thing about any penal code.. it is just public intoxication, an after plead nolo-contendere and 6 month of derred disposition, it got dismissed.
now I dont agree with the law... how they can denial my naturalization for something to little.. i was told for one of the cleck secretary of the police department the P.I have the same negative level of running an stop sing or a red ligth... now for this reazon.. am getting kick off uscis!!... am frustrated and my history in USA is total clean an clear since 2000
 
ivantheterrible said:
i been reading all my papers and no where say any thing about any penal code.. it is just public intoxication, an after plead nolo-contendere and 6 month of derred disposition, it got dismissed.
now I dont agree with the law... how they can denial my naturalization for something to little.. i was told for one of the cleck secretary of the police department the P.I have the same negative level of running an stop sing or a red ligth... now for this reazon.. am getting kick off uscis!!... am frustrated and my history in USA is total clean an clear since 2000
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Have you discussed your situation with an immigration lawyer? You really do need to get some professional legal advice, and not simply base your decision on the advice you receive here, in this online forum.

Also, you did not answer an important question asked earlier: did the denial notice mention any specific date after which you may submit a new N-400 application?
In your post above (post #7 in this thread, dated April 20, 07:44pm), did you provide the entire text of the denial letter? Did it say anything else at all?
 
Can you please make a photo copy of the denial letter, white or black out the information related to you ... name, A#, address, even dates and scan and upload this for us to see. I think information is missing and it might be helpful to see the entire letter.

I realize you are distraught at this time ... but you need to keep a clear head these 20 days ... your objective at this time should be primarily how to move forward on this and for this you need to share and communicate information, whether here or to lawyers, in very clear terms. We can worry about other after effects once the denial has been challenged (or decided not to). It is routine for 1 issue to lead to denial. It is also possible that they mis-understood something. Let's work on getting ours and theirs understanding correct ... whether the decision is fair or not, we can see later.
 
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