Criminal Law Naturalization and a MIP/C Citation

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kalar

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I have applied for citizenship through the standard N400 application process. I have been fingerprinted and have had my interview, passing all requirements.
I have been advised of the date of the Oath Ceremony I need to attend - 3/19/08.

On 3/1, while visiting friends at a house party, the police were called due to a noise complaint. I had been at the party for approx. 40 minutes, was not drinking or in possession of a drink but there was alcohol in the house.

The police issued tickets to all persons under 21 in the house, whether they had consumed or not and I was cited for Minor in Possession/Consumption even though as I stated earlier, I was neither comsuming or in possession. I, as it seems, was in the wrong place at the wrong time.

The scheduled court date is after my Oath Ceremony. I do however have to answer the questions on Form N-445, Notice of Naturalization Oath Ceremony, particularily questions:

#3 - "Have you knowingly committed any crime or offense, for which you have not been arrested?"

#4 - "Have you been arrested, cited, charged, indited, convicted, fined or imprisoned for breaking or violating any law or ordinance, including traffic violations?"

I understand that an MIP/C is a fairly common citation, particularily in college towns, such as he one I was visiting. I do take it very serious even though I know I should not have been cited in the first place but it appears you are considered "guilty by association"

My questions are;

If I answer questions #3 & #4 on the N-445 form honestly, can it/will it effect my ability to complete the final step on the Naturalization process?

If I were to answer both questions with a No, what could occur after the fact if the MIP/C were discovered, even if I am successful in having the citaton dismissed on the court date?

Thanks for your advice in advance.
 
Different people would handle this differently......I don't want you to act on my advice on this one. Consult your local immigration lawyer. The answer could vary and the best things to do without taking chances is get a lawyer. It would cost you under 1000$ given it is a minor offense. You have to have good moral character for at least five years before you qualify for citizenship. Your circumstance can be helped and cleared with a lawyer. Don't do it without. Citizenship can be revoked under certain circumstances if you told lies.
 
Just an update... I spoke to an immigration lawyer and was advised that the MIP/C should not be an issue as it is not a crime in moral turpitude. That being said he did, of course, advise to complete the N-445 honestly and answer any questions as such. He was confident everything at the Oath Ceremony should be okay but he did say he could not speak for the agent/representative at check in. If the agent/representative decides in their opinon that the MIP/C citation needs to have final action settled, they could delay administration of the oath until after the court date. We'll see what happens, its just unfortunate that, first, this happened especially at this juncture and second, the court date is scheduled for 3/26 with my oath ceremony scheduled on the 19th.

Also as a proactive approach, even though I do not intend to plead guilty on the MIP/C, I have signed up for what would be the required alcohol classes, which will be completed before the court date. Who knows maybe that could swing the agent representative should they have any potential issue.

I'll post a 'what happened at oath ceremony' after the 19th.
 
Cool..........Keep us posted!
 
Follow Up... What happened at the Oath Ceremony...

Here it is the day after my Naturalization Oath Ceremony... and I an now a Naturalized Citizen of the United States!!
When I checked in for the ceremony with the N-445 filled out there was of course a few tense minutes. The agent/representatives had to get clarification from the agent in charge but after approximately 5 minutes I was given the green light to participate in the ceremony.
Next step is to get the original MIP/C dismissed and I have elected to hire an attorney to handle it. Primarily due to the fact that I would have to travel back to the county where the alleged violation occurred which is 5 hours from home. Will cost $500 but should save me time and travel costs so figure it to be a wash at the end of the day.

To all, recommendation if you find yourself in this type of situation... do your homework, talk to an immigration lawyer as necessary and most of all be honest... Unfortunately the system seems to reward those that don't disclose the whole truth... I could have checked the 'No' box and would have gone through trouble free but that could have come back full circle and bit me in the back end.

I'm proud to be an American!!! God Bless the USA!!!
 
Congratulations!! Hope you vote!
 
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