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If it is worth it to file appeal if my Citizenship application was denied because I had a battery charge 3 years ago?

I have been turned down by USCIS in Orlando on my Citizenship interview .Reason is :I have been charged with battery and took pretrial course(32 hours community service,4 hours anger management and fees)as a deal .After I completed this course ,sheriff department has dropped a charge and I have a paper from court house saying"nolle proseque".When USCIS sent me letter saying that I've been denied and can reapply in 2011 for Citizenship again(I have been arrested in 2006) ,they said I can fill out form to appeal their decision.What is better for me ,just wait 2 years and reapply or file appeal?

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Attorney answers (1)

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It depends. Citizenship may have been denied based upon what is called bad moral character or the catchall clause. There is a conviction, but if you failed to disclose the arrest or conviction, the USCIS can consider this omission a reason for denial. In other words, it is the withholding of the facts that may cause a denial, perhaps.

Either way, an appeal with attorney representation directly to the Federal Court may be a more efficient and effective option, if any. The USCIS has delayed a decision on the N-336 for months or years as a matter of discretion.

An attorney needs to look at the decision. If you pled guilty or admitted facts sufficient for a conviction, then were restrained by being required to do community service, then this can be considered a conviction. It is unclear whether the nolle pros is by operation of State Law based upon rehabilitation. A decision not to disclose the arrest can create an issue. This is unclear.

Whether the USCIS can deny naturalization based upon the battery conviction is sometimes best reviewed by a Federal Court, not on USCIS appeal with the same exact citizenship branch that denied the case. The latter may not be resolved for a long time. Assuming it is somehow sooner, you still can have a better chance for review where the facts suggest that you told the truth.

You should retain an attorney to discuss whether a direct appeal to the Federal District Court is in your best interest. This is unclear without further information and that is why an appointment can help an experienced immigration attorney find out the facts and counsel you on realistic options are hopefully appropriate.

The above is general information and does not create an attorney client relationship.

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