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Oh my God! N-400 filed sent to immigration,I forgot to list one charge, how much trouble am I in, please help.

Boston, MA |

Back in 2010 after a bounced check for $217 a bank pressed charges against me for theft, I got booked and released per court request (no jail), then the case got dismissed by the court. (I listed that on my N-400).
Couple weeks later same charge was filed at the city court for (bad check) a plea in abeyance was offered and I took it, that’s exactly what I forgot to mention on the N-400 I just mentioned the first one, I got my BCI background today it does not show the “bad check PIA", will I be deported, is my naturalization gonna go through, should I go back to England? I need help and I have no money for an attorney, please any advice will help, but I need an advice.

Many Thanks.

Kely Silva
British Citizen

Attorney Answers 7

Posted

Take the report with you to the interview and explain what happened. You have no other choice.

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Posted

You will need to make the corrections at the interview.

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

"come clean" at the interview.

Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. If you want that advice from us, contact us at thelaw@mytrustedlawyer.com.

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Posted

At the beginning of the interview they usually ask you if there are changes or corrections to be made and they review application with you. Thats your opportunity to let them know you forgot an event. I would also get a certified crimal record and the certified court disposition. If the officer does not ask you if you have changes just simply say before we start i forgot to menrion something in my application and I have brought with me certified records for your review. Good Luck!

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Posted

I am not familiar with a plea in abeyance so I cannot say whether it was conviction for immigration purposes or not. Your problem is that you might be denied naturalization because you have not been a person of good moral character for the 5 years preceding your application. You have 2 choice as follows: (1) Withdraw your N-400 or (2) go forward with your N-400 after your have consulted with me or another competent immigration attorney. You can always file another N-400 at a later date. Even if you withdraw your N-400, you need to speak to an attorney. I can be reached at either (770)955-1785 or (678)576-9394 or via e-mail at bob@bobbeer.com. if you wish to schedule a confidential initial immigration consultation. Hope this helps. THINK IMMIGRATION - THINK BOB BEER

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Posted

In addition to your clarification/correction of the error at the natz interview, our recommendation would be for you to immediately send in a supplemental letter to USCIS explaining your mistake and your intention by the letter to correct that oversight. Send the letter certified mail/return receipt requested to the same address where you filed the N-400 and clearly reference your N-400 Receipt Notice (I-797) in the body of the letter. Even if USCIS were not to link up your supplemental correspondence, you would be able to show the examiner that concerted efforts were made by you to correct your mistake and that you had not intended to misrepresent your arrest record.

Response to this question does NOT establish an attorney-client relationship with the person requesting such information.

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1 comment

Lalita Haran

Lalita Haran

Posted

This is perhaps what i would suggest. You get two shots to explain your mistake.

Posted

You need to contact an experienced criminal/immigration attorney before your interview. You definitely should not attend your interview without an attorney. Don't leave the US until you have consulted with a lawyer.

The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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