N-400 with pending I-751/Arrest /court case

[Living010 16]

I have been following lot of advise  here on the background and advised received here are supper helpful thus the reason why I decided to share my situation here if I may be luck too to get help from an experience person. 

 

After living in the US for 8 years with only 2 citations over speeding  one in 2018 and 2020 fully paid for and cleared. my combo interview is on 11th January it is unfortunately that yesterday under heavy rain and cold weather I hit a car at the back though it is a minor accident no injury only the backlight broke I asked the drive let us  drive to the nearest gas station  in the next exit he said okay and take a picture of my license plate, when I got to the gas station he never show up, I drove back to the incident sense again but I never find him after 30 min when I was ON  call with 911 reporting the incident police called me and I told them I am waiting at the incident location that the guy never should up to the gas station as agreed , they came there and arrested  me that why did I leave the incident location that I would had waited. I told them rain was entering my car and I was cold. I needed to find a shelter plus the driver agreed to meet there after taking a picture of my tag. They insisted that it is against the law to leave the incident location no matter what . My wife eventually bailed me out after 4 hrs. They gave me a hit and run ticket  for driving too close.  My court date is on April 10th. 2023. My questions.

I do not know how USCIS will take this case or if I will still be eligible for citizenship or the approval of my i-751. I am confused and tired. I was very careful all these years, unfortunately I fell into this situation yesterday just a few days before my final interview . I am tired of crying. 

[Mike E 11,739]

You need a criminal defense  lawyer and an immigration lawyer. It’s been a “few days”. Why haven’t you hired them?
 

There is no DIY here. 
 

Best case your  criminal defense lawyer gets the charges dropped or you are acquitted at trial.  If so there is no basis to deny your N-400 and I-751

Edited January 6, 2023 by Mike E

[SalishSea 17,824]

17 minutes ago, Living010 said:

I have been following lot of advise  here on the background and advised received here are supper helpful thus the reason why I decided to share my situation here if I may be luck too to get help from an experience person. 

 

After living in the US for 8 years with only 2 citations over speeding  one in 2018 and 2020 fully paid for and cleared. my combo interview is on 11th January it is unfortunately that yesterday under heavy rain and cold weather I hit a car at the back though it is a minor accident no injury only the backlight broke I asked the drive let us  drive to the nearest gas station  in the next exit he said okay and take a picture of my license plate, when I got to the gas station he never show up, I drove back to the incident sense again but I never find him after 30 min when I was ON  call with 911 reporting the incident police called me and I told them I am waiting at the incident location that the guy never should up to the gas station as agreed , they came there and arrested  me that why did I leave the incident location that I would had waited. I told them rain was entering my car and I was cold. I needed to find a shelter plus the driver agreed to meet there after taking a picture of my tag. They insisted that it is against the law to leave the incident location no matter what . My wife eventually bailed me out after 4 hrs. They gave me a hit and run ticket  for driving too close.  My court date is on April 10th. 2023. My questions.

I do not know how USCIS will take this case or if I will still be eligible for citizenship or the approval of my i-751. I am confused and tired. I was very careful all these years, unfortunately I fell into this situation yesterday just a few days before my final interview . I am tired of crying. 

Yes, you are in a world of hot water and you need a very experienced lawyer.  Hit and run is a big deal.

[Family 3,988]

Relax and know your I-751 and N-400 will both be ultimately ok. 

Show up to your combo interview just to wrap up the “interview “ requirement for the process. They can make a determination on the marriage bonafides and you can pass the civics part of the naturalization. 
Take with you the ticket and court case date, and they will likely be able to render a decision / approval of the I-751 and will definitely postpone a decision on the N-400 til your court case is resolved. .usual is to issue an RFE for disposition . 


Depending on the state you are in , Google the vehicle code cited on your ticket. For example in California there are two types of sections for hit and run, one is a misdemeanor the other a felony. ..so post the wording on your ticket and the state you are in for feedback.

Your facts tell me you can beat those charges …but you would need a different attitude and state of mind ..than the down and low you are feeling. ..
 

 

 

 

https://www.kannlawoffice.com/hit-and-run

 

What does California Vehicle Code § 20002 prohibit?

To be guilty under Vehicle Code § 20002, you must:

• Leave an accident scene;
• Fail to identify yourself to the others involved;
• Damage occurred to someone else's property.

[Family 3,988]

You were blessed that it was a minor fender bender and everyone walked away without grave injuries…your insurance will take care of financial worries.

Imagine what this fellow must have felt when he got slapped with these charges and couldn’t even bond out..but a jury found him not guilty…so chin up. You will be fine 
 

https://www.13newsnow.com/article/news/local/mycity/virginia-beach/trial-malik-kearney-attorneys-show-video-oceanfront-chaos/291-553c8eeb-8a83-46ab-be33-c446b735acab

Jurors found Malik Kearney not guilty on all charges he faced.

The charges he faced were:

• DUI
• DUI with Serious Injury
• Hit and Run
• Eluding Police
• Carrying of Handgun While Under the Influence
• Reckless Handling of a Firearm
• Discharging a Firearm in Public (10 counts)

[Rocio0010 5,579]

15 hours ago, Living010 said:

I asked the drive let us  drive to the nearest gas station  in the next exit

Let it be a lesson for everyone else. Yes, move your car to safety, but never, EVER leave the scene. And engage in minimal conversation with the other driver. 

You need a criminal lawyer, and an immigration lawyer.

[Living010 16]

The police officer was so nice but he said he have do his job, he said from the look of things he did not see any reason why I should run since i have a valid driver license , tag and full coverage insurance and that they do not come arresting me at home  I turned  myself in immediately  BUT that the fact that I leave the location without collecting the driver number means hit and run. But he said is going to be a misdemeanor since it is my first offense, no injury , car not tow, valid insurance , tag, license and no recent serious citation. He called my wife and gave her all details on how to bail me out and moved the court date that far to enable me prepare to defense myself. That is what he said. And he was sharing his experience with me when he was involved in similar  situation before the join the police. But that he need to do his job that is why he arrested me since it was a dispatched 911 call recorded. In the citation he marked , Heavy traffic, rain, dark, no injury , vehicle not tow.....  I will Just LOOK INTO GOD WHO sees the heart of MEN.

Edited January 6, 2023 by Living010

[Family 3,988]

8 minutes ago, Living010 said:

tow.....  I will Just LOOK INTO GOD WHO sees the heart of MEN

I appreciate your revived spirit…while you’re at it could you look for some numbers ( vehicle law section codes) the nice officer should have included on your ticket .

[Living010 16]

Here is the code and YES i gave him my car registration number , I asked him to take a picture to prove to him that I am not going to run.

 

code 40-6–270, Defines the drivers duty to stop at or return to the scene of an accident. It is the duty of the driver who caused a hit and run to stop their vehicle and give his or her name and address and registration number the vehicle she is operating to the other driver.

Edited January 6, 2023 by Living010

[Mike E 11,739]

28 minutes ago, Living010 said:

code 40-6–270

https://law.justia.com/codes/georgia/2021/title-40/chapter-6/article-12/section-40-6-270/
 

Looks  like a weak case against you. I am warming up to @Family ‘s optimism.  Have you talked to a criminal attorney yet?

[Family 3,988]

Ok , looks like you are in Georgia and it is a misdemeanor ..so even if convicted ( highly unlikely) your N-400 will be fine just delayed.. All you need to decide is if you will be defending yourself or hiring an attorney and absolutely fight the charges in traffic court. 

[Living010 16]

I have not hired a lawyer yet BUT as you said same my Immigration Lawyer said that it will only delay my N-400 that he have an experienced defense lawyer that will represent me to clean up the case in court but that it will cost me $5000. The other defense lawyer I talked to said the same thing that he can defend the case in court with $2000 the 3rd Lawyer said $4,000 I just do not know the one to use. Money is not a challenge I just need an experience lawyer.

[Mike E 11,739]

This is not DIY. Hire a lawyer. 
 

$2000-$5000 are reasonable for a misdemeanor 

[Family 3,988]

12 minutes ago, Living010 said:

I have not hired a lawyer yet BUT as you said same my Immigration Lawyer said that it will only delay my N-400 that he have an experienced defense lawyer that will represent me to clean up the case in court but that it will cost me $5000. The other defense lawyer I talked to said the same thing that he can defend the case in court with $2000 the 3rd Lawyer said $4,000 I just do not know the one to use. Money is not a challenge I just need an experience lawyer.

Good call on consulting 3 and considering options. Ask your questions, hear their answers , and pick the one that your wife likes ..

 

 

Dig through PACER if you’re savvy or inclined .

https://www.pressclubinstitute.org/2020/06/10/navigating-pacer-how-to-deep-dive-the-federal-court-system/

[Living010 16]

First of all I want to thank everyone here for your kind input on my case I really appreciate it.   My immigration Lawyer who filed my N-400 and i-751 is insisting I plea Nolo that it won't effect my N-400 I do not know anything criminal laws or what Nolo means or how is going to effect my life and family I am a father of 4 children. Other lawyer said they will defend the case I am wondering why my lawyer is insisting I plea nolo to move on.