Supervisory Review For A Dismissed Charge?

[VIDASH]

SUPERVISORY REVIEW FOR A DISMISSED ARREST CHARGE?

Hi Room, I was waiting till today to post my interview experience.

Went to my interview at the Philly DO on Sept 8th, was sworn in before I could even sit down, passed the civic test, wrote the suggested sentence which was "America is the land for the brave." The history questions were, Who is Martin Luther King Jr? What was the first holiday celebrated by the colonist? Who was the first President of the US? When is independece day? Independence from whom?

The officer then proceeded to ask me if I have ever been arrested? Which by the way was the first question she asked me. I answerd yes, and also made her aware that the charges was dismissed, she asked me if I was still married and if I still lived at the same address? She proceeded to ask me if I brought my court papers and what the arrest was about, I explained to her that it was a domestic dispute between me and my hubby, but the charges were dismissed and has been expunged from my record and gave her the expungement notice and the despostion from the court, which I had gotten before I requested for the expungement.

She proceeded to tell me she needed a true certified copy of the arrest, the desposition and the expungement notice, and said if I was able to get that to her, then she was going to try to fit me into today's naturalization ceremony. Well needless to say, I went to the court, who told me there was no record of the arrest since it was expunged and therefore, could not give me a disposition, went to the police station and got the same answer, went to the county court and got the certified copy of the expungement notice and managed to get a letter from the police precint to indicate that there was no arrest record on me. I sent the documents off the following day which was a friday and it was signed for on monday.

That was almost three weeks ago and I still did not hear anything from the officer. I had been calling the office for the past two weeks and was put in her voice mail each time, but I left her only one message. I managed to get her on the line this morning, and she told me she has given my file to her supervisor for a supervisory reveiw but her supervisor has not done anything to the file yet, I then asked her if she recieved the documents I sent her? and her answer was "possibly" I mean she does not even know if she recieved it, well it was signed for so I know someone received it. I am just venting right now but I just don't know what to do and how long of a wait this is going to be?

JONNYCASH: A sister needs your help here please, now here is my delima, my children have a conditional green card based on my marriage to my husband, and that green card will expire in January, I was hoping I was not going to spend another $400 to remove conditions for both of them since once I become a citizen they become deriviative because they are both under 18yrs old.

Now my question to you is, if I wait till I become a citizen to get them a US passport, which could probably mean their green card could have been expired by then, would they be deportable??? I am just soo strung for cash now. On the other hand, I wanted to know if there was a chance of my citizenship getting denied due to this arrest even though I was not convicted and the charges were dismissed? Your honest answer as always will be very much appreciated. Thanks for all your sincere and honest input.

 

[NYJguy]

SUPERVISORY REVIEW FOR A DISMISSED ARREST CHARGE?

That was almost three weeks ago and I still did not hear anything from the officer. I had been calling the office for the past two weeks and was put in her voice mail each time, but I left her only one message. I managed to get her on the line this morning, and she told me she has given my file to her supervisor for a supervisory reveiw but her supervisor has not done anything to the file yet, I then asked her if she recieved the documents I sent her? I am just soo strung for cash now. On the other hand, I wanted to know if there was a chance of my citizenship getting denied due to this arrest even though I was not convicted and the charges were dismissed? Your honest answer as always will be very much appreciated. Thanks for all your sincere and honest input.

Hi,
Dont worry it did happen to me as well. I also submitted the court certified copies for expunged and dismissed charges. Once the interview is over it goes to supervisor if officer writes supervisory review on N652. Depends on load of supervisor it will take any where between 2 days-2 months. In my case it (approval)happened in 3 days.After that it goes to what is called NQP (Naturalization quality procedure), which is another office will look at the file(last time). This takes another month or so depends on DO. In my case it took 4 weeks and my case was processed in Newark DO. Don't worry your case will not be denied as it is domestic dispute (from my experience), but may take some time whole process around 2-4 months (depends on DO).

 

[gaude88]

Does this happen to all court cases

Does this process happen to all court cases (meaning if you were not arrested, but had to go to court)?

In my case, I was never arrested, but I had to go to court twice. Once because I forgot to pay a ticket and license was suspended. Case was dismissed. Second time because some idiot neighbor complained that I had abandoned my second car which was waiting for the charity guys to come pick up (who were late). Also dismissed. I do have the court disposition document and taking it with me to the interview.

I want to temper my expectations based on whether they will approve on the spot or if I had to go to court, it will indeed need this QA process and I will not be notified immedietely.

Thanks
-- Gaude

 

[NYJguy]

Does this process happen to all court cases (meaning if you were not arrested, but had to go to court)?

I want to temper my expectations based on whether they will approve on the spot or if I had to go to court, it will indeed need this QA process and I will not be notified immedietely.

Thanks
-- Gaude

It depends on DAO who is interviewing you. Mostly u will be thru in DAO interview process, otherwise it will go thrU NQP. Clearly explain to DAO what happened..

 

[nato]

Was this a domestic dispute or you had a Domestic Assault/ Voilence charge

SUPERVISORY REVIEW FOR A DISMISSED ARREST CHARGE?

Hi Room, I was waiting till today to post my interview experience.

Went to my interview at the Philly DO on Sept 8th, was sworn in before I could even sit down, passed the civic test, wrote the suggested sentence which was "America is the land for the brave." The history questions were, Who is Martin Luther King Jr? What was the first holiday celebrated by the colonist? Who was the first President of the US? When is independece day? Independence from whom?

The officer then proceeded to ask me if I have ever been arrested? Which by the way was the first question she asked me. I answerd yes, and also made her aware that the charges was dismissed, she asked me if I was still married and if I still lived at the same address? She proceeded to ask me if I brought my court papers and what the arrest was about, I explained to her that it was a domestic dispute between me and my hubby, but the charges were dismissed and has been expunged from my record and gave her the expungement notice and the despostion from the court, which I had gotten before I requested for the expungement.

She proceeded to tell me she needed a true certified copy of the arrest, the desposition and the expungement notice, and said if I was able to get that to her, then she was going to try to fit me into today's naturalization ceremony. Well needless to say, I went to the court, who told me there was no record of the arrest since it was expunged and therefore, could not give me a disposition, went to the police station and got the same answer, went to the county court and got the certified copy of the expungement notice and managed to get a letter from the police precint to indicate that there was no arrest record on me. I sent the documents off the following day which was a friday and it was signed for on monday.

That was almost three weeks ago and I still did not hear anything from the officer. I had been calling the office for the past two weeks and was put in her voice mail each time, but I left her only one message. I managed to get her on the line this morning, and she told me she has given my file to her supervisor for a supervisory reveiw but her supervisor has not done anything to the file yet, I then asked her if she recieved the documents I sent her? and her answer was "possibly" I mean she does not even know if she recieved it, well it was signed for so I know someone received it. I am just venting right now but I just don't know what to do and how long of a wait this is going to be?

JONNYCASH: A sister needs your help here please, now here is my delima, my children have a conditional green card based on my marriage to my husband, and that green card will expire in January, I was hoping I was not going to spend another $400 to remove conditions for both of them since once I become a citizen they become deriviative because they are both under 18yrs old.

Now my question to you is, if I wait till I become a citizen to get them a US passport, which could probably mean their green card could have been expired by then, would they be deportable??? I am just soo strung for cash now. On the other hand, I wanted to know if there was a chance of my citizenship getting denied due to this arrest even though I was not convicted and the charges were dismissed? Your honest answer as always will be very much appreciated. Thanks for all your sincere and honest input.

 

[JohnnyCash]

Vidash

If only you were fully prepared for your CZ interview, you would have already been a US citizen by now. Though you did provide the copy to adjudication officer about the court disposition on your arrest record and expunge notice of it, yet still those were not ORIGINAL or CERTIFIED; otherwise officer had not asked you for the TRUE copies of these documents. That means, you were not fully prepared even though it is mentioned everywhere on Naturalization Guide about bringing Original or Certified copy of those documents.

That is why it is VERY important to know that applicants should always be over prepared, especially when they have something of criminal or "disturbing" facts in their backyard. They should also know that USCIS always requires ONLY original or certified copy of all arrest, citation, Court documents and etc, and not just simple photocopies.

It is also important to know that even if a record is expunged/sealed, that doesn’t mean that USCIS cannot take that expunged/sealed record in consideration to deny an immigration benefit or to place such applicant under Removal Proceeding (Deportation). Otherwise, one has to wonder why USCIS even asks to disclose expunged/sealed record. The truth of the matter is-INS wants to know EVERYTHING about the applicant.

If a person cannot obtain the Copy of Record from Police and/or Court for whatever reason, either because of its expunge, destruction or unavailability because of being it outdated, then such person should get a letter from these authorities about saying that there is no any record available for whatever reason. It’s good that you did just that as you got a letter from Police indicating that there is no any record on you. That is very good and a deal breaker in your case.

Having a supervisory review on a citizenship case is a discretional matter, and not a mandatory requirement. Mostly adjudication officers make a decision about a citizenship case right then and there on the spot after the interview. But there are also some officers who don’t want to be responsible for someone if something goes wrong/bad in the future, especially when officers have obvious reason to think twice about certain applicants based upon the information provided on the application. Thus, some officers always forward a case for Supervisory review to clean their hands off. Also, in some district offices, an interim policy is enacted by Directors of these offices to have Supervisory review on each and every citizenship application.

Therefore, you should not worry about it just because your case is forwarded for Supervisory review. It’s just business as usual. In your case, I personally don’t think that officer has sent your case for Supervisory Review even though officer told you so when you called her. Why? Because if your case was considered for Supervisory Review then officer had not told you during the interview that she was trying to accommodate you for the Oath Ceremony that day if only you had TRUE copies of your record.

Actually, the officer did not touch your file yet despite of you having sent the required documents. It could be of whatever reasons, which made the officer to lie to you about sending your file for Supervisory Review so that she could give a reason to you as to why your case has not adjudicated yet. Officers do this all the times. My suspicion on this becomes more evident when officer answered to you “possibly” when you asked her whether or not she received the documents that you sent to her. If officer had touched your file after receiving required documents from you, then apparently she would have known about those documents rather than saying “possibly”.

Whenever someone sends anything to USCIS, then clerical staffs first receive those mails/documents even if those mails/documents are addressed specifically to a particular officer's name. They are the ones who put those documents in respective files. So obviously, officer doesn’t know anything about those documents that you sent to her unless she would touche the file. When she said that your file is sent for Supervisory Review, then she was actually making an excuse for not taking action in your file despite of you having sent those documents to her. Don’t forget that these officers are very busy, and some of them are very lazy too.

Just keep patience. It will be over very soon as it is just a matter of time for officer to keep her SOFT hands on your file. USCIS cannot deny your citizenship application based upon this arrest alone. Let me repeat again-USCIS CANNOT deny your citizenship application based upon this arrest alone. Why? First-there is NO conviction on this. The fact is-in order to deny your N-400, USCIS must need a conviction. Secondly, the criminal case against you has already been DISMISSED. If your criminal case has not been dismissed or if it would have been still going on then USCIS may either deny your N-400 or continue your citizenship case until your criminal case gets over. With that note-you are free to become a US citizen.

About your concern on spending $400 on your children’s applications for removing the condition on their temporary green card, then I can understand that you might have some money problem, but believe me- an immigration benefit to anyone (including to your children) should be more valuable and priceless than thinking about spending $400 on it or spending any amount on it as to say.

Nevertheless, your children would become US citizen derivatively once you would become a US citizen because they are under 18 yrs old. And, you will become a US citizen before January. I can promise you on this so long you don’t have any other issue in your case. So obviously, your children will not loose their LPR, nor they would be subjected to deportation. This is a brother’s word to his sister.

Good luck.

 

[Mr LA]

JohnnyCash

Hello JohnnyCash.....

Just to let you know, I have a lot of respect to you, when someone asks u a question, you answer him/her with passion,respect, and you teach the others not to make the same mistake, to me that makes you a real man. I thank you for that.

 

[VIDASH]

If only you were fully prepared for your CZ interview, you would have already been a US citizen by now. Though you did provide the copy to adjudication officer about the court disposition on your arrest record and expunge notice of it, yet still those were not ORIGINAL or CERTIFIED; otherwise officer had not asked you for the TRUE copies of these documents. That means, you were not fully prepared even though it is mentioned everywhere on Naturalization Guide about bringing Original or Certified copy of those documents.

That is why it is VERY important to know that applicants should always be over prepared, especially when they have something of criminal or "disturbing" facts in their backyard. They should also know that USCIS always requires ONLY original or certified copy of all arrest, citation, Court documents and etc, and not just simple photocopies.

It is also important to know that even if a record is expunged/sealed, that doesn’t mean that USCIS cannot take that expunged/sealed record in consideration to deny an immigration benefit or to place such applicant under Removal Proceeding (Deportation). Otherwise, one has to wonder why USCIS even asks to disclose expunged/sealed record. The truth of the matter is-INS wants to know EVERYTHING about the applicant.

If a person cannot obtain the Copy of Record from Police and/or Court for whatever reason, either because of its expunge, destruction or unavailability because of being it outdated, then such person should get a letter from these authorities about saying that there is no any record available for whatever reason. It’s good that you did just that as you got a letter from Police indicating that there is no any record on you. That is very good and a deal breaker in your case.

Having a supervisory review on a citizenship case is a discretional matter, and not a mandatory requirement. Mostly adjudication officers make a decision about a citizenship case right then and there on the spot after the interview. But there are also some officers who don’t want to be responsible for someone if something goes wrong/bad in the future, especially when officers have obvious reason to think twice about certain applicants based upon the information provided on the application. Thus, some officers always forward a case for Supervisory review to clean their hands off. Also, in some district offices, an interim policy is enacted by Directors of these offices to have Supervisory review on each and every citizenship application.

Therefore, you should not worry about it just because your case is forwarded for Supervisory review. It’s just business as usual. In your case, I personally don’t think that officer has sent your case for Supervisory Review even though officer told you so when you called her. Why? Because if your case was considered for Supervisory Review then officer had not told you during the interview that she was trying to accommodate you for the Oath Ceremony that day if only you had TRUE copies of your record.

Actually, the officer did not touch your file yet despite of you having sent the required documents. It could be of whatever reasons, which made the officer to lie to you about sending your file for Supervisory Review so that she could give a reason to you as to why your case has not adjudicated yet. Officers do this all the times. My suspicion on this becomes more evident when officer answered to you “possibly” when you asked her whether or not she received the documents that you sent to her. If officer had touched your file after receiving required documents from you, then apparently she would have known about those documents rather than saying “possibly”.

Whenever someone sends anything to USCIS, then clerical staffs first receive those mails/documents even if those mails/documents are addressed specifically to a particular officer's name. They are the ones who put those documents in respective files. So obviously, officer doesn’t know anything about those documents that you sent to her unless she would touche the file. When she said that your file is sent for Supervisory Review, then she was actually making an excuse for not taking action in your file despite of you having sent those documents to her. Don’t forget that these officers are very busy, and some of them are very lazy too.

Just keep patience. It will be over very soon as it is just a matter of time for officer to keep her SOFT hands on your file. USCIS cannot deny your citizenship application based upon this arrest alone. Let me repeat again-USCIS CANNOT deny your citizenship application based upon this arrest alone. Why? First-there is NO conviction on this. The fact is-in order to deny your N-400, USCIS must need a conviction. Secondly, the criminal case against you has already been DISMISSED. If your criminal case has not been dismissed or if it would have been still going on then USCIS may either deny your N-400 or continue your citizenship case until your criminal case gets over. With that note-you are free to become a US citizen.

About your concern on spending $400 on your children’s applications for removing the condition on their temporary green card, then I can understand that you might have some money problem, but believe me- an immigration benefit to anyone (including to your children) should be more valuable and priceless than thinking about spending $400 on it or spending any amount on it as to say.

Nevertheless, your children would become US citizen derivatively once you would become a US citizen because they are under 18 yrs old. And, you will become a US citizen before January. I can promise you on this so long you don’t have any other issue in your case. So obviously, your children will not loose their LPR, nor they would be subjected to deportation. This is a brother’s word to his sister.

Good luck.

Hi Jonny Cash,
As usual you are right on the money. Thank you sooo much for taking time out of your busy schedule to answer my question, I trully and honestly appreciate your input. Well, the Officer called me on Friday at my office to tell me that she received my file from her supervisor and it has been approved, she indicated to me that she will try to fit me into the November oath ceremony, but she said she is not promising anything as it is first come first serve basis. I was pleasantly surprised that she actually called me to tell me this bit of news. So like you said, I could possibly become a citizen before January. Wow Johnnycash, I knew you were good but I did not know you were a psychic as well, I think we need to hook up and open a psychic hotline to do the madam Cleo bit on TV. Once again thank you brother Jonny and all of you who took the time to read my story and gave me your input, they were all conforting and it was deeply apreciated.

 

[JohnnyCash]

Vidash

Congratulation! I'm very much happy for you.

Just be a good girl (don't be involved in any criminal situation) at least until you take Oath; otherwise approval of your N-400 won't protect you from being deported because you are not a US citizen until you take Oath despite of having approved N-400 for you.


"I think we need to hook up and open a psychic hotline to do the madam Cleo bit on TV"

I'm up for anything, you name it.