Seeking Advice

[toyotatundra]

Hi everyone,

I am in Houston and had my naturalization interview in mid-April. After the interview, the immigration officer who interviewed me indicated that I passed the English as well as civics test, but she couldn't make a decision on my case because of the FBI name response pending. Since then, I haven't heard anything regarding my case status.

But here is my problem. Five years ago, I carelessly sold beer to a minor and was caught by police (undercover). They didn't arrest me but gave me a ticket and made me go to court. When I appeared in court for trial, the judge gave me a deferred adjudication that I was put on probation for 6 months and performed 80 community service hours.

In January when I applied for the citizenship, I had an immigration service fill out my N-400 form. I told her about my past case, but she said that since I was not arrested, it was not necessary to list that case on my application. And when I was interviewed, I did not bring up the issue with the immigration officer who interviewed me either. About a week ago, I happened to find this forum and read some threads regarding the FBI name check. I was scared because I know if FBI do the name check, they will find out my court records no matter what. What scared me was that I listened to the immigration service worker who filled out my form and therefore I failed to inform the interviewer of the issue. When she finds out, she may think I am not telling the truth and probably deny my case. And this just keeps bothering me.

Several days ago, I went to the district court in Houston to pick up the court disposition. Then I made an appointment with the local CIS to supplement some documents. When I showed up for the meeting with the local CIS officer, I brought two items with me: one was the letter that I wrote to the immigration officer who interviewed me, and the other one was the course disposition. On the letter, I explained to her that after I had a chance to review my application, I noticed an inaccuracy and needed to have it updated. I put both letter and course disposition in the same envelope and asked the local CIS officer who I met with to deliver it to the one who interviewed me. And I am still waiting nervously now for the case outcome.

I just don't know if what I did was acceptable. Anyone in here can give me some advice on how to deal with the situation that I am in now. I do appreciate your help.

Thanks in advance for any advice.

 

[rex1960]

...In January when I applied for the citizenship, I had an immigration service fill out my N-400 form. I told her about my past case, but she said that since I was not arrested, it was not necessary to list that case on my application....

So much for that kind of service. Did you pay for it ? I'd sue them big time.

Anyway, you might want to read General Naturalization Requirements here http://www.uscis.gov/graphics/services/natz/general.htm
where you can find the following:

Good Moral Character

Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:

* has committed and been convicted of one or more crimes involving moral turpitude
* has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
* has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
* has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
* has committed and been convicted of two or more gambling offenses
* is or has earned his or her principal income from illegal gambling
* is or has been involved in prostitution or commercialized vice
* is or has been involved in smuggling illegal aliens into the United States
* is or has been a habitual drunkard
* is practicing or has practiced polygamy
* has willfully failed or refused to support dependents
* has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.

An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.

I highlighted what I find relevant

My understanding is that your case happened within the 5 years, you committed and been convicted of a controlled substance law and you didn't disclose the facts in your application.

I can only guess that USCIS is going to reject your application. On the other hand, they should give you credit for disclosing your case by yourself. That's some sort of proof of a good moral character, at least in my eyes.
But since it's up to them you can only hope for the best and eventually appeal or file a motion to review your application.

Good luck

 

[toyotatundra]

Well, I did pay them for the service. If I knew that, I would have my application filled out by myself. But say if my application is rejected, do I still have a chance to re-apply for naturalization?

 

[boatbod]

Probably you could successfully reapply after your conviction was over 5 years old. I think the whole situation really depends upon the officer adjudicating the case - if you can demonstrate your failure to mention the conviction was an honest mistake, you'll probably be ok.

Perhaps its time to consult a qualified immigration attorney?

 

[query11.]

i feel for you brother,but let me tell you onething.This is not just for u but all the guys who come in to take a galnce at this thread...
Dont ever have the feeling that you can hide something and get away with it.Be honest,there is nothing to be scared of when the judge did not sentence you to prison there is nothing to be scared of ...mistakes happen...but dont try to cover up those mistakes...
The u.s govt spends millions of dollars to print those applications and they ask it like 2 or 3 times if you were cited or arrested or did something which is considered illegal....
It is very important that you disclose everything,they would have delayed your application but not denied it,even if they denied it you could have sued them...but now you dont have a chance by hiding things.Only luck can help you sail through...


thanks in advance

 

[toyotatundra]

But after all, it was not me who covered the fact. It was the stupid immigration service worker who did not know how to fill out the application. I am so mad at her now regarding it. But anyway, I did supplement the court disposition and wrote a letter to the interviewer explaining the situation even though she did not ask me to submit any additional document after the interview. I don't know what the chance of being approved is now.

To those who reply, thank you so much and I appreciate your comment.

 

[query11.]

But after all, it was not me who covered the fact. It was the stupid immigration service worker who did not know how to fill out the application. I am so mad at her now regarding it. But anyway, I did supplement the court disposition and wrote a letter to the interviewer explaining the situation even though she did not ask me to submit any additional document after the interview. I don't know what the chance of being approved is now.

To those who reply, thank you so much and I appreciate your comment.

when was ur interview...pm me

 

[rex1960]

But after all, it was not me who covered the fact. It was the stupid immigration service worker who did not know how to fill out the application. I am so mad at her now regarding it. But anyway, I did supplement the court disposition and wrote a letter to the interviewer explaining the situation even though she did not ask me to submit any additional document after the interview. I don't know what the chance of being approved is now.

To those who reply, thank you so much and I appreciate your comment.

After all it's your signature under that application and you're responsible for what you sign. On the other hand, she told you it wouldn't play a role and you trusted her. I hope they'll give you credit for that, like I said before.
And since the USA is not just any banana republic you have rights. You can file a motion to review your case, eventually appeal. It's not over and lost yet. Don't give up hope.

 

[NCTarheel]

My understanding is that your case happened within the 5 years, you committed and been convicted of a controlled substance law and you didn't disclose the facts in your application.

Beer is not a controlled substance.

 

[boatbod]

Beer is not a controlled substance.

No, but I expect the charges could have been "contributing to the delinquency of a minor", which may well impact the reqs for good moral character.

 

[Superstring]

Fully agree with Rex and boatbod. Your moral character will be affected by the following things you did:

1) Selling beer to minor (regardless of legal status, convinction)
2) Providing false information on the application
3) You were sentenced to 80 hrs of community service + 6 mo probation

If you look at Q#15 (Have you ever committed a crime or offense for which you were not arrested?), things are so clear even if you are not an expert. Did you read this question while filling out the application or you just blindly followed "the authority"? Selling beer to minor is offense - regardless of your legal status, arrests etc.

The good thing you did was that you went to USCIS and filed the corrected information. Now, luck can only help you. So, be patient and work on your case - as rex said this is not a banana country and you have many options.

However, I am schocked that you went to INS application center and asked them to fill your application. They have zero responsibility for your application and it is soley on your shoulders. If that is the case, I rather take the control in my hands - get educated, ask for few opinions etc. After all - this is not a cell-phone application? Same thing with 1-800......Whatever they say to you, they are not responsbile and trust me they can provide some pretty outright bad advice. You took this very very lightly in the beggining. Now, you now.

Even if lawyer tells you wrong things, it does not matter, it is your responsiblity. Let alone the government agency.

P.S.: I'm not a lawyer. I'm not an immigration expert. This is not a legal advice. I'm just an ordinary guy and you are responsible for the actions you take.