At my oath ceremony I disclosed a recent arrest for selling prescription drugs (I sold 10 of my ADHD prescribed amphetamine pills). The DA said he will consider reducing my charge OR offer me a diversion program at my preliminary hearing in about 40 days, but I have not even had my arraignment or preliminary hearing yet. But USCIS is now requesting more evidence (Complaint, police report, court disposition). At this point I just want to avoid deportation/inadmissibility so should I just wrote a formal letter requesting withdrawal of my app or is too late? I mean, is my case really considered "aggravated felony"? It's not like I'm a big time crack and heroin drug smuggler.
I agree with my colleagues. From your question you appear to say you've already been to your oath ceremony and you disclosed your arrest at the oath ceremony This is good and appropriate. So, it appears you did NOT take your oath and then receive your certificate. They may be waiting to see what happens with your criminal matter. One piece of advice an attorney will be able to give you with determining whether you plead to some outcome that can be considered not a "conviction" for purposes of immigration removal proceedings. Be sure your criminal defense attorney either consults with or knows very well how to advise you regarding this important consideration -- certain outcomes are "convictions" but certain ones are not. Be sure you know what you are agreeing to in the criminal court.
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