Citizenship interview - not approved!

DUI 3 views 4 answers
I had my citizenship interview 24sep2012, and was easy, nothing asked except my GC, and then he asked the DUI which happened 2005, it was probation before judgement and when I applied for my green card, court disposition was submitted, on N-400 form my attorney didn't attach the certified disposition because court couldn't find my case, it was not expunged but" it was too old to keep files" answer from court. Anyway therefore it mentioned charges related in the form. Immigration officer said unfortunately can't approve you due to your arrest and supervisor will review, and he added not to worry it may take couple of days, maximum 30 days to get back to me. So it has been over two weeks and heard nothing. I plan to travel to Europe to visit my family and should I go or wait for response?

Attorney Answers

4
Jeffrey Devore ·
The law provides that USCIS has 120 days to make a decision on an application for naturalization after your interview. Often cases are resolved before that time, but some are not. An officer may tell you "30 days" but in reality that does not mean anything. You may hear something in that time period, you may not. Further, you may not necessarily get an approval, but a request for additional information or a second interview or even a denial depending upon why the case was not considered approvable to begin with. For naturalization purposes, the fact that records may have been submitted with your green card application is generally irrelevant. Each application must stand on its own. You must submit certified copies of the arrest report and disposition of each arrest (the disposition alone is insufficient). If those records are not available then you must submit a certificate of unavailability from the clerk of the court and/or records custodian that the records are no longer available. From what you describe it appears that a certificate of unavailability was not provided either by you at the interview of your attorney at the time of filing. Thus, you may receive an RFE requesting those records. Alternatively, since simple DUI is not a crime involving moral turpitude and the conviction appears to be outside the good moral character period, USCIS may elect to waive the requirement that you submit additional records since they may be in your file already. It is a discretionary decision on the part of the agency and usually requires supervisory concurrence. The fact that you signed an attorney presence waiver does not mean that your attorney is no longer associated with your case. You simply waived your right to have your attorney present during your interview. He or she is still attorney of record and should receive all notices sent by USCIS, but even if you receive something that says a copy was sent to your attorney, be sure to bring it to his or her attention as USCIS often does not send out copies as they have claimed to. At this point you must wait until you hear something from USCIS. Take the 30 days with a grain or salt. Something may or may not happen in that period of time, but the agency has 120 days to make a decision. If you are getting to the end of that period of time with no action then you should discuss how best to proceed with your attorney.
0 upvotes
Veronica TunitskyImmigration AttorneyHouston, TX ·
Not approved does not mean denied. You are a lawful permanent resident until you take your oath and can travel as you have in the past. But, given the circumstances, I would want to review your case just to make sure there aren't any issues that would prevent you from being admitted back.
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F Capriotti 2793192.Html ·
I agree with my colleague. CIS told you 30 days and you're already getting anxious after only 14??????? Personally, I would wait for a response. You might be able to travel on a US passport!!!
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Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No need to get alarmed (yet) at this point. You must understand that in USCIS district office lingo "30 days" could in reality, mean 3 moths or, in some instances even 3 years! I will advise you to have a local attorney make an InfoPass inquiry on your behalf on day 32, but I know you won't listen to me and will want to make it on your own. Good luck! Oh, and I would travel if I were you, for I can guarantee you, once they take a case "under advisement" nothing gets decided in 30 or even 45 days, attorney or no attorney..
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