Open court case for misdemeanor during naturalization interview

[curious_person]

Hi. In between of filing N400 and actual naturalization interview I received a citation for flying drone in a national park which requires appearance in the federal court. So my application has no data about it so far. My lawyer says that it's unlikely that we will be able to resolve the case before naturalization interview - there is literally 2 weeks in between them.
What would be the right way to handle it? I see few options:
- appear for interview and honestly say that I have an open case. In this scenario I believe naturalization interview will be in some sort of PAUSED state or immediately denied waiting for court resolution, right?
- option of showing up to the interview and pretending that nothing happened is not an option. Even though they might not see open case in the system just yet it might eventually show up on their radar and even approved citizenship can be revoked;
- postpone the interview due to a medical reason (I have a knee surgery around same date, so technically it's a fair statement, which I can back up with documents, but obviously not the main reason);
- call to postpone the interview and openly say that I have open case in court;

For cases 3 and 4, is there a general sense for how long it might be postponed?
Appreciate your help!

[okccanary]

I would definitely not lie and pretend nothing has happened! Part of the requirement for US Citizenship is 'good moral character' and therefore you do not want to give them any reason to deny you on that and pretending not having a federal case against you could do that!

I work in Oil and Gas and part of my job is finding people and their heirs. It is so easy to find any legal cases against a person just by having a person first and last names. I do it just to find someone latest address, whereabouts, bankruptcy or to see if someone has had their estate probated and who got their estate. So if its easy for me to do it then it definitely easy for your officer so its very unlikely it won't hit your officers radar.

While 3 is valid you are still semi being deceptive by that route and like i say the officer will probably already know or will know when he puts your name through the database. Don't give them a reason for them to be wary of you. But i'm super cautious you might be fine with that route but I personally wouldnt take it.

I know it must be really scary for you right now but honestly for all the crimes that could be permitted to me this is a small one. Just be honest. You had no idea you were not allowed to fly it, i was being an idiot etc it was not like you harmed anyone or committed fraud. I honestly had no idea you could not fly a drone in a national park until this post so its not like you are some criminal mastermind.

I would say honestly is the best policy. Call them let them know, let them know you didnt realise and you were being an idiot and they will probably postpone until after the outcome of the case.

Personally I would call over turning up to the interview and being honest then. Just because if I was the Officer I would be like man i have to see so many people and you are wasting my time when you knew this interview was not going to be completed today. But once again that is maybe due to me being more cautious.

For how long it would be postpone it could be short it could be long. No one really knows and each case is treated individually.

Hope that helps!

[curious_person]

Thank you okccanary for taking a time and providing so descriptive answer. It totally makes sense! Really appreciate it!

[herryy]

I understand your situation, and it's essential to handle it carefully to ensure a smooth naturalization process. Here's some guidance on the options you've mentioned:

1. Appearing for the Interview and Disclosing the Open Case: This is the most honest approach, and it's generally the recommended course of action. You should inform the immigration officer about the open case in federal court. As a result, your naturalization interview may be paused or delayed until the court case is resolved. In this scenario, your application is not immediately denied, but it is put on hold until the legal matter is resolved. There is no guarantee of a specific timeframe for resolution.
2. Pretending Nothing Happened: This is not a viable option and not advisable. USCIS conducts thorough background checks, and it's crucial to be honest and transparent throughout the naturalization process.
3. Postponing the Interview Due to Medical Reasons: While you do have a legitimate medical reason for postponing the interview, it's essential to ensure that the medical documentation is in order. USCIS typically allows applicants to reschedule interviews for valid reasons like medical issues, but they may request supporting documentation. The exact timeframe for rescheduling depends on USCIS's scheduling availability and your personal circumstances.
4. Calling to Postpone and Disclosing the Open Case: Similar to option 3, you can request to postpone the interview and honestly disclose the open court case. The rescheduling timeframe will depend on USCIS availability and your specific situation.

In any case, it's crucial to consult with your immigration attorney to navigate this situation effectively. They can provide advice tailored to your case, as immigration matters can be complex and subject to change.

Remember that being honest and forthcoming about your situation is generally the best approach when dealing with USCIS. USCIS takes integrity and truthfulness seriously, and attempting to hide information can lead to more significant complications in the long run, including potential citizenship revocation.

I wish you the best of luck with your naturalization process and your court case. Please consult your attorney for specific guidance based on the latest developments in your case.

[okccanary]

Thank you okccanary for taking a time and providing so descriptive answer. It totally makes sense! Really appreciate it!

No worries!! and honestly I can only imagine how scary it must be for you right now but I think you will be fine!!! Simply by the fact that you are owning up to it and taking a proactive stance shows good moral character to me!! Wishing you all the best and hopefully a quick and easy process after sorting out this mishap!!