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Naturalization Interview - how to collect arrest and court document for expunged case

Discussion in 'Naturalization to become a US citizen' started by koths, Mar 10, 2011.

  1. koths

    koths Junior Member

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    Hi Ron,

    I had a Domestic Violence (Assault on Female) charges on Dec 2002 which were dismissed after the deferred prosecution on Dec 2003 and I had applied for Naturalization in Feb 2005 which was denied in Sept 2006 and put me under removal proceeding which was terminated by Immigration Judge on March 2007.

    Now I have applied for Naturalization again in Dec 2010 and I have a interview on March 30th. USCIS office requested to bring the certified copies of all the arrest and court disposition. My case has been expunged back in 2004. I called the court house and they said there is no record in their system to provide any document. Only document they can provide certified copy of criminal search record which I have already submitted to USCIS along with my N400 application.

    How do I collect certified copied of arrest and court disposition or shall I just take another certified copy of criminal search record?

    Does it make sense to take attorney to interview and will officer allow attorney to answer during the interview?

    What are the chances USCIS will approve my application without submitting requested document related to my arrest. I do have 5+ year since the case dismissed.

    Will officer have and use my previous naturalization application, denial and removal proceeding notice etc...during an interview?

    Can they put me into removal proceeding again based on my arrest.

    does it make sense to take copy of removal proceeding terminated letter with me?

    does it make sense to reschedule an interview and try to work with criminal court to unsealed the record to provide me certified copies and sealed it again.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Naturalization Interview - how to collect arrest and court document for expunged

    Get letters from the police and the court that no records exist. That's all you can do.
     
  3. koths

    koths Junior Member

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    Re: Naturalization Interview - how to collect arrest and court document for expunged

    thanks Ron,

    Does it make sense to hire attorney to join me for an interview

     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Naturalization Interview - how to collect arrest and court document for expunged

    I don't think that is necessary, but do whatever makes you comfortable.
     
  5. koths

    koths Junior Member

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    Re: Naturalization Interview - how to collect arrest and court document for expunged

    thanks Ron, I did check with lawyer and he is asking for around 2K so I am not sure if it's worth to spend that kind of money or take a risk and hire lawyer to appeal if they deny my application again based on old charges
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Naturalization Interview - how to collect arrest and court document for expunged

    Personally, I'd go by myself.
     
  7. koths

    koths Junior Member

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    Re: Naturalization Interview - how to collect arrest and court document for expunged

    Thanks Ron,

    One of the lawyer had mentioned USCIS can put me again in removal proceeding even though it has been terminated when I had applied for Naturalization back in 2005. Can they really do that? deny my application again and put me into removal proceeding. Also is it possible to withdraw application, I would rather stay on GC than going through removal proceeding hassle again.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Naturalization Interview - how to collect arrest and court document for expunged

    In theory, anyone who applies for naturalization can be put into removal proceedings if evidence is developed that the person is subject to removal. I just don't see that in your case. There was no conviction, which is a requirement for a successful removal prosecution. I think someone may be trying to scare you into paying a lot of money for something you don't need.
     
  9. Saurabh

    Saurabh New Member

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    Hi Ron,

    During my citizenship interview IO asked if I was arrested and I said no so she had me change answer to question 22 and 24 from yes to no and sign and initial with date. She said her supervisor will review the application. After a week from citizenship interview, I have received RFE for court disposition, Court minutes, RAP sheets, Police clearance letters, letters of completion of probation, proof of fines paid.

    I had 2 citations from one event in 2003 involving selling tobacco to minor and lottery ticket to minor. I applied deferred adjudication and paid the fine/fee. I have payment receipts and deferred adjudication paperwork which says I was on 90 days probation. In 2007 during my I-485 process I went to court and got case history which showed both cases were dismissed/suspended. This incident was disclosed on my I-485 application as well.

    Now, I went to the court with RFE to get court disposition and they said they don't have any record and have me letter saying they only keep class c misdemeanor recoded for 5 years from dismissal date.

    Am I ok to just submit that letter from municipal court showing they don't have records. Should I also get police no records letters for last 5 years ?
    Should I hire attorney at this point to represent my case and reply to RFE?

    Thank you for your help in advance!
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, that is good enough.
     

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