URGENT :Naturalization interview w/ open misdemeanor case

N

needofhelp

Registered Users (C)
I need some urgent advise with my immigration situation.

I'm a GC holder and applied for US citizenship in Aug 07 after completing 5 yrs post GC.

However, about a month after filing for my citizenship , I got cited for a Petty theft misdemeanor 484(a) pc in Fremont CA. ( which after consulting with another immigration lawyer I found falls under petty offence exception) . Since this incidence hadn't occurred when I filed for the citizenship application, my n400 application has no mention of this.

I've hired a criminal attorney and have had 2 court appearances so far and the next court day is not until mid May 08.

In the mean time early Nov 07 I went for my INS Fingerprinting for naturalization. Also, although I was not fingerprinted/ booked for petty theft at the point of citation, but court ordered that on my day on arraignment and thus I got Finger printed late Nov. ( 10 days after my INS FP)

Now I've received a letter from INS for the naturalization interview which is scheduled for Late Feb 08. However, my Criminal court case would not be resolved / be still pending at that point, thus I would not have any court disposition letter etc reg. my case. Here are my concerns and would appreciate advice on these.

1. Is there any chance of me getting the citizenship this time around with criminal case pending ?
2. Am I better off withdrawing my application/ requesting for another interview date ( hoping my case will be closed by then) or should I go and risk a denial ?
3. If denied once would that count against me the next time I apply for citizenship ?
4. Would I have to wait another 5 years to apply for my citizenship if it's denied this time?
5. If I go for the interview will I be better off taking an expert immigration attorney to help me thru the interview process as I intend to disclose the case to the INS officer ( even if they haven't caught it in the BG check due to the timing)

Any advice on the above listed questions would be much appreciated
 
They won't grant your citizenship while the case is pending. And if found guilty, it is doubtful you can get approved until at least 5 years after the incident.

If you think you will be found NOT GUILTY because you actually are innocent, you should get a later interview date so you can go to the interview knowing that the case has been resolved.
 
Off topic, man...you applied in 08/07 and FP in 11/07 and already got an interview for 02/08? I applied in 7/07, FP in 08/07 and still haven't heard anything about an interview! Granted that I did move to another district so I know my application will be postponed! Sucks!

Now onto your questions. First, I believe you will have to inform the immigration officer about your offense, bring all your paperwork and be ready to discuss the incident. All N400 applications with any criminal offense and/or probation pending will be denied.

Sorry to hear about your situation! You most likely will wait for another 5 years until you have a clean record, then reapply.
 
Going for interview while a case is pending it futile. If you know when your case is likely to be completed, then ask for a postponement of the interview.
That said, I would not be surprised at all if your application is denied on moral turpitude if you are convicted of shop lifting.

Please do update the forum so others in similar situation can get some guidance from you.

Good luck.
 
brb2 said:
That said, I would not be surprised at all if your application is denied on moral turpitude if you are convicted of shop lifting.
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Shoplifting is a deportable offense, so the denial of citizenship will be followed up by a deportation order if the crime is shoplifting.

The poster better get an immigration lawyer ASAP and be careful of the immigration consequences of whatever specific charge he/she admits to or plea bargains for.
 
Also, be aware that making any plea deal or taking alternate sentencing is considered the same as a "guilty" plea for immigration purposes. Consult a good immigration lawyer experienced with criminal cases before proceeding further.

As has already been pointed out, your N-400 case cannot proceed with a criminal case pending.
 
You may want to consider official abandonment of application before interview , but I don't know if USCIS would look further into why you're abandoning.
 
Jackolantern said:
Shoplifting is a deportable offense, so the denial of citizenship will be followed up by a deportation order if the crime is shoplifting.

The poster better get an immigration lawyer ASAP and be careful of the immigration consequences of whatever specific charge he/she admits to or plea bargains for.
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If you are convicted on "petty offence" and has been in US for 7 years, I am pretty sure that you are eligible for wavier. With that being said, you may still get NTA (Notice to Appear) for the immigration court hearing if your USCIS decided to charge you with a deportble offence. No deportation order can be issued without immigration judge hearing.

I will strongly suggest that you consult an experienced immigration attoney for this matter.

Good luck and do keep us posted.
 
Citizentobehz said:
If you are convicted on "petty offence" and has been in US for 7 years, I am pretty sure that you are eligible for wavier.
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However, a "petty offense" under state law is not necessarily considered a petty offense under Immigration law. There are several minor offenses that became classified as "aggravated felonies" with the changes to Immigration law in 1996.
 
Petty offense exception

Thanks everyone for your response. My charges of misdemeanor petit theft in California carries a potential maximum sentence of six months which qualifies it for a petty offense exception, hence making the charge of a non-deportable / non-inadmissible. nature. I've confirmed this with a couple of immigration lawyers. That being said, my would still be open at the time of interview thus I would not have any court disposition letter. Even though I a have a good change of the charged reduced/ dropped, it would not be closed soon enough.
 
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