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N-14 Continuance form after Naturalization interview.

Cherry Hill, NJ |

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.
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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?

Attorney Answers 4

Posted

You should be asking these questions of your attorney.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; 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.

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Posted

He was with me. He asked her why would she need the police report if she had the court disposition. She replied " we still need on file". Also, if she is looking for the narrative that is gong to be an issue because they don't disclose that. Can she go beyond this point and deny me? I can't see a police report making anyone look good!

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Talk to your lawyer about it. I have no practical means of helping here.

Posted

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.

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Posted

In the n-14 letter she requested the police report and she also handed us a department of homeland security envelope to return it to her. There was not a second interview mentioned. She states that she needed to run a background check on my married name and the police report. I guess my attorney didnt understand why she needed it either with the court disposition in hand which was certified. I just want to know if the police report is going to hurt me. That is all.

Gintare Grigaite

Gintare Grigaite

Posted

It really should not, unless this was for something very serious, such as drug or weapons, or terrorism related.

Posted

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.

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Posted

My attorney was present at my interview. She still told him that she needed the police report. Only god knows why!!

Posted

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?

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Posted

I was never charged. It was simple assault on a man who grabbed me on Halloween, I hit him. Case dismissed

Mark Robert Barr

Mark Robert Barr

Posted

In order for something to be dismissed, something must have been initially charged. Anyway, very good, even if USCIS wants to look beyond the record of conviction for evidence of poor moral character, they won't be able to base a denial on simple assault. Hopefully you'll be a citizen in the very near future.

Asker

Posted

Thank you very much. First time I was arrested and it was for self defense. They didn't even see the guy grab me just me hitting him. He took off and didn't show up to court , twice.

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