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

[Family 4,065]

Your immigration attorney is telling you the conviction will not bar you from either your I-751 or N-400…

 

But since you have the resources, just hire the criminal attorney who will fight the case ( heck take the $2K attorney..he wants the business) and plead not guilty .
 

The fact that you stopped , spoke w other driver, talked about moving cars to a safer location, gave fellow opportunity for photo …are overwhelmingly in your favor….

You could even persuade a judge on your own to throw out the case. 

[Mike E 11,741]

8 hours ago, Living010 said:

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.  

https://en.m.wikipedia.org/wiki/Nolo_contendere
 

It means you have a conviction on your record. 
 

 

[Living010 16]

Driver / Vehicle #1 pulled along aside driver/Vehicle #2 and exchange words with driver #2. then Driver #1 immediately fled the scene without exchanging information . I just printed the police report : The officer said Driver 1 which is me exchange conversation with Driver 2 and than fled the scene but never mentioned what my conversation was with the driver . My conversation was to meet at the gas station next exit 61 and to  take a picture of my license tag I drove to his front to enable him take a picture.  The police officer never mentioned that but quoted only I had conversation with driver 2 and I fled the scene. That is too bad.

[Mike E 11,741]

The use of the word “fled” is interesting because the officer seems to be asserting your state of mind when you left the scene. 

[Living010 16]

I strongly believe I will win this case, but my Immigration Lawyer said that it will badly delay my N-400 because we did not know when the case will end to get a disposition USCIS will need a disposition of the case and that with Nolo plea we can get disposition same day. Other Criminal defense Lawyer said they can defend the case no time frame but they are not aware of my N-400 how badly I need a disposition ASAP.

[OldUser 7,004]

9 minutes ago, Living010 said:

but they are not aware of my N-400 how badly I need a disposition ASAP.

You need to make it very clear to every criminal defense lawyer you talk to, from the start, that you have immigration case and you need to resolve this ASAP.

Edited January 9, 2023 by OldUser

[Family 4,065]

Not sure why you are being pressured to rush through traffic court for the sake of the N-400…since they will keep it open .

Fighting to keep you record clean is worth the effort in the long run, not only for the anticipated insurance premium hikes but to preserve your position in case of other unforeseen circumstances. 
 

Worst case scenario you DIY  reapply for N-400 and new apps get through in less than 6 months. 

[Family 4,065]

You can call the court clerk and ask what the calendar /scheduling looks like between your court date and an anticipated not guilty/ bench trial date…just so you have a better sense of time line ,.. or of course ask the criminal attorney what he expects it to be

[Living010 16]

@family I sincerely appreciate your time and help on my challenges. Thank you very much. 

[Mike E 11,741]

I agree.  Worse case you can Re-file N-400. A conviction though will affect your job prospects, etc, forever. 

[Living010 16]

Good day everyone, I owe everyone one here a very big thank you and my today's Combo INTERVIEW update...... I showed up with my wife, did my fingerprint, and waited for about 1 hr before the IO called US. when I stood up with my wife, she said NO my wife should not come in with me..... I got in with her and took the oath of I will tell the truth, I immediately started with the civic test and passed both of them and she asked me lots of questions about my marriage, etc, we did some updates on my N-400 form, I asked her about my I-751 she said she is going to waive the interview and approved it. My Green card is about to expire she asked me why did not I get a stamp all this while, told her because my interview is this month I decided to wait for my passport.  They did not ask my wife any questions.

We continue to YES and NO questions and we got a point where she asked me if I have been arrested before and she looked at me as if she did not see anything, well I did not know if she saw my arrest already. I answered yes, and she said do I know the meaning of arrest she is not talking about a citation I said yes I was arrested last week, she became weak and sat up and asked me what happened while I was talking she asked for the citation ticket and said why will they arrest me and at the same time give me a ticket that is unclear, she asked for the citation letter and I told her they are with my lawyer…… I immediate my lawyer came in and explained everything to her that he will take care of the arrest next month if she can give us RF today for the disposition she said no and that she won’t take that chance because she know the court case can be longer and the letter will have a time frame that she will wait and send the RF letter next month to give me more time to get the disposition document before they can approve my case. she print a letter for me and marked case can not be approved today and that as soon as she receives the disposition document and is not a red flag to immigration law, she will approve it and schedule me for the oath ceremony. She said as per my I-751 do I need a 10 years green card stamp or the card since my 2 years greed card extension will expire before my court date I told her I preferred the card and she said I will get the 10-year green card in 2 weeks. She told me congratulation and I left. The whole process took like 45 min.

My Lawyer said he will go to the court and see if he can move the court case backward or reduce the charges. I asked him to let me know before he makes any decision that I want to plead not guilty. I can apply for N-400 anytime if I did not meet up their time frame or I am thinking of plea nolo the lawyer advised.

[Living010 16]

@Family

• Diamond Member                   Are you a Lawyer ? as you said so the interviewer went.  You have extensive experience wow!!!

[Family 4,065]

57 minutes ago, Living010 said:

Family

• Diamond Member                   Are you a Lawyer ? as you said so the interviewer went.  You have extensive experience wow!!!

No degree No pedigree..hands on past work.

The end of your court journey, I personally see as a “ No charges being filed by the DA “ future. But that usually happens when an attorney makes an entry to represent or you have no fear of court delay tactics and stick to not guilty plea

 

Congratulations! Well done 

Edited January 12, 2023 by Family

[Living010 16]

@Mike E you are correct the officer said the same thing. Thanks everyone for help. I really appreciate. 

[CKMM 1]

Does anyone have a template email requesting for a copy of your Citation from the records office?