Had my Naturalization interview yesterday. IO officer was very pleasant but I feel she may have been a bit unexperienced.First, she told me either way I would have to come back because she would have to run my "married" name through biometrics since they only ran my maiden name. Second, in '09 I was arrested and my case was dismissed/not guilty. My attorney said I just needed to bring my court disposition with the raised seal, which I did. Handed her the court disposition and then she requested the police report. Why would she need the police report? I thought all Immigration needed was the court disposition. On the form she also requested that the police report be certified. My police station does not certify reports.
When we explained to the officer it was for immigration, he too asked why would she need the police report if the court disposition has the final result? In ending, I passed the verbal, written and civics test. She finished the complete application and had me sign it. She had me sign my photographs and also my name change application. She handed me the n-14 form requesting the police report and I sent it last night overnight, should arrive in her hands today before 3 oclock. All she has to do now is run the background check on the other name. She did speak about the Oath ceremony and that they have them every month and it shouldnt be long. What am I looking at from this point on?
You should be asking these questions of your attorney.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
With Form N-14 you are really not supposed to send in any new evidence, but wait for another appointment in the mail, and when you do get that appointment, you bring the requested evidence to the officer. As for the arrest, the certified disposition should have been sufficient, provided that the case was dismissed, and usually they would only ask for additional police records if the case was more serious and you had a conviction. In your case, it is really unclear as to why you were asked for additional police records.
Contact immigration lawyer Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
I agree, you should talk with your attorney.
In some immigration offices, all cases involving arrests must be reviewed by a supervisor. That may bet he case here. In regards to the certified police report, that should not be required and your attorney should make that argument on your behalf. Good luck!
This general advice does not create an attorney-client relationship.
The officer is fishing for evidence demonstrating that you weren't a person of good moral character during the statutory period. Certain criminal convictions will automatically bar someone from establishing good moral character. But USCIS is not limited to just convcitions. In my experience, however, it would be highly unusual for USCIS to base a finding of a lack of good moral character solely on a police report which didn't lead to an actual conviction.
BTW, what were you charged with?