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Arrests and U.S. Citizenship Decision Delayed (Immigration Law)

Fri, 10 Jul 2009 14:04:00 GMT
Tags: application, arrests, citizenship, decision, delayed, immigration, interview, law, returned, state

Hi,

I just returned from US Citizenship interview (NY State), passed all tests, but I was told that decision cannot yet be made about my application (subject to supervisors review) because of my prior arrests, which I indicated in my application and all court dispositions were submitted along with application.

All my arrests were prior my AOS interview in 2006, all dispositions were submitted along with I 495 application. GC granted.

My n400 is based on marriage to US citizen(3 years since becoming LPR).

I had 5 arrests, 2 of which were dismissed and sealed(one in 1997 and one in 2005),
1 arrest(02/11/1995) with charges for operating vehicle-ability impaired by alcohol, pled guilty, fine $300(paid) and following MV too closely, fine $75(paid).
Another arrest and charge(08/01/1995) - operating MV under influence, pled guilty, fine with imprisonment alternative $500/17 days(paid), probation 3 years(completed in 1998 and proof of that was submitted along with application).
Another arrest in 2002: some moving violation, pled guilty and sentence imposed PG VTL509.1, fine - $50(paid).

IO gave me form N-652 which indicates that I passed all tests but decision cannot yet be made, will be notified by mail.

Question is: with all this, do I stand a chance to receive an approval and what is the time frame in reality (I know, by law they have 120 days to respond) for this decision to be made?

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  • Sat, 18 Jul 2009 18:27:00 GMT(1)
  • Imagine my surprise when Oath letter arrived today in mail. Couldn't believe my eyes. It took just a week to go through supervisor's review and get approved.
  • Sun, 12 Jul 2009 12:32:00 GMT(2)
  • I understand that I haven't made it easy, my concern is that: is there any guidelines or some kind of manual for examiner to follow when determining good or bad moral character of someone with arrests or this is just based solely on his/her opinion. mood, etc.? Do they actually read court dispositions? I have read somewhere that if person is clean of anything for 5 or 3 years(if based on marriage), regardless of prior record (unless felony was committed and found guilty of) that it should be positive factor in case like mine. What I mean is that misdemeanors I was found guilty of were committed 14 years ago and since that there was nothing even remotely close to DWI (I have learned my lesson), and in 2002 I was arrested for traffic violation and fined $50. But when you look just at the surface of my case it doesn't look very good with 5 arrests. You are right about that there is only one thing to do - wait for decision to be made, but I'm very nervous about outcome.
  • Sat, 11 Jul 2009 07:50:00 GMT(3)
  • If you didn't have a chance they would have said "No." But you haven't made things easy for yourself, and you'll now have to wait and see what they decide.
  • Leave a Comment Now.

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