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Withdrawing a case after interview
- Thread starter wala.dou
- Start date
Jackolantern
Registered Users (C)
Yes.
You can either withdraw it, or fail to show up at the oath. But if you choose the latter, the case drags out longer because if you don't show up and don't take action to withdraw it, they'll probably reschedule your oath twice before canceling the case.
Why do you want to cancel it now? You didn't withdraw it at the interview ... what changed your mind?
You can either withdraw it, or fail to show up at the oath. But if you choose the latter, the case drags out longer because if you don't show up and don't take action to withdraw it, they'll probably reschedule your oath twice before canceling the case.
Why do you want to cancel it now? You didn't withdraw it at the interview ... what changed your mind?
I had my interview in July and passed the test, since then it hasn’t moved; I had an assault charge against me back in 2002; was sentence to 6 months probation. My mistake is I hired a lawyer to file for me; he basically screwed me up. I checked with 5 more high end lawyers and they suggested the chipset way to get me approved is to withdraw the case and re-file from scratch since the first lawyer apparently did not kwon what he was doing.
I’m not sure which way to go?
I’m not sure which way to go?
The information’s were disclosed, I was 2 moths short of my 5 years statutory period at the time he filed.
A simple assualt is not enough to prevent naturalization. Was it a domestic violence case? That classification could raise it to a CIMT, however, depending on the maximum penalty possible under the precise statute of conviction, it could easily qualify for the exception based on the light sentence you got, provided that it is an isolated incident ans was not a sexual assault.
No, there is no sexual or domestic violence; it was just stupid street fight. And it’s the only incident I had in my life.
The attornies telling you to start over are trying to make money off of your insecurity. If you got that advice in writing, file a complaint with the state bar and the BIA.
http://www.justice.gov/eoir/eoirforms/eoir44.pdf
http://www.abanet.org/cpr/regulation/directory.pdf
So’ you believe its bad advice to start all over??
Read the regulations on Good Moral Character determinations for naturalization and see for your self. The simple assualt is NOT a CIMT, even if it were it would meet the exception as specified in section 212(a)(2)(ii)(II) of the Act, you are not on probation, it is NOT an aggravated felony, it is NOT a controlled substance violation, etc...
IF you were the USCIS Officer, how would you justify denying your case? It would have to be on discretionary grounds.
8 CFR § 316.10 Good moral character.
(b) Finding of a lack of good moral character.
(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of §316.10(b) (1) or (2).
(c) Proof of good moral character in certain cases —(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by [USCIS] in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.
The regulations: http://ecfr.gpoaccess.gov/cgi/t/tex...div8&view=text&node=8:1.0.1.3.68.0.1.7&idno=8
Policy Memo and AFM Update: http://www.uscis.gov/USCIS/Laws/Mem...rchives 1998-2008/2005/unlawfulacts091905.pdf
Additional background: http://www.uscis.gov/files/article/SEA-notice.pdf
Jackolantern
Registered Users (C)
The information’s were disclosed, I was 2 moths short of my 5 years statutory period at the time he filed.
The incident was in 2002, and now is 2011. How come it's not clear of the 5 year statutory period? Did the court case drag out for years? Or did you apply for naturalization years ago and it's still pending?
Jackolantern
Registered Users (C)
So’ you believe its bad advice to start all over??
Because it's not certain that you'll be denied (although it's possible).
However, if it's true that you were just 2 months away from the conviction being clear of the 5-year statutory period, your lawyer should have advised you to just wait the 2 extra months.
Note that the important thing is for the conviction to be outside the statutory period. The short probation being within the 5 year period won't affect you, assuming that you already completed the entire probation without violations when you applied.
When was the conviction, and when did you apply for citizenship?
§ 316.10 Good moral character (c) Proof of good moral character in certain cases —(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.
Unless I’m misunderstanding, USCIS could consider the probation period as outside the statutory period; and its completely at the discretion of the officer, if it’s the case, the 5 years start count from the end of the deferred probation and will put me 2 months short.
Unless I’m misunderstanding, USCIS could consider the probation period as outside the statutory period; and its completely at the discretion of the officer, if it’s the case, the 5 years start count from the end of the deferred probation and will put me 2 months short.
Jackolantern
Registered Users (C)
While they can count the probation against you if it's within the statutory period, they're not supposed to deny you for a very short and violation-free probation within the statutory period, if the conviction is outside the period and the short probation is the only thing against your moral character within the period.
The people who get denied for having a no-violation probation within the 5 years are those that had their probation with something like 2 years or more into the statutory period, not 2 months. Or they applied before completing the probation.
The people who get denied for having a no-violation probation within the 5 years are those that had their probation with something like 2 years or more into the statutory period, not 2 months. Or they applied before completing the probation.
How long ago was your interview? You may be eligible for 1447(b).And is it normal to take this long to adjudicate on case. It seems unusual.
The incident happen in 2002, was sentenced in Dec.2004, Finished my deferred probation in May 2005 and filed in March 2010.
My understanding is that for such cases what matters is the date of conviction rather than the last day of probation. Your date of conviction was in Dec 2004, which is more than 5 years earlier than filing N-400 and thus outside the statutory period.
Jackolantern
Registered Users (C)
I had my interview July 2nd 2010
I considered filling 1447b, but after reviewing similar cases on pacer of people that sued, they had their cases denied and US attorney filed to moot these cases and fifth district court sided on government side always.
Were those cases really similar? Their convictions were more than 5 years before they applied for citizenship, and they had only a few months probation at the beginning of the statutory period, and no probation violations, and nothing else against them as far as moral character is concerned?