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I need some urgent advise with my immigration situation.
I'm a GC holder who 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 an 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.
I'm a GC holder who 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 an 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.
