Criminal Law URGENT :Naturalization interview w/ open misdemeanor case

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needofhelp

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I need some urgent advise with my immigration situation.

I came to this country in 1997 on F1 visa, completed my Masters and got and H1 visa and eventually got my GC in Sep 2002. I applied for US citizenship in Aug 07 after completing 5 yrs post GC.

However, about a month after filing for my citizenship , I got cited for a Petty theft misdemeanor 484(a) pc in Fremont CA. ( which after consulting with another immigration lawyer I found falls under petty offence exception) . Since this incidence hadn't occurred when I filed for the citizenship application, my n400 application has no mention of this.

I've hired a criminal attorney and have had 2 court appearances so far and the next court day is not until mid May 08.

In the mean time early Nov 07 I went for my INS Fingerprinting for naturalization. Also, although I was not fingerprinted/ booked for petty theft at the point of citation, but court ordered that on my day on arraignment and thus I got Finger printed late Nov. ( 10 days after my INS FP)

Now I've received a letter from INS for the naturalization interview which is scheduled for Late Feb 08. However, my Criminal court case would not be resolved / be still pending at that point, thus I would not have any court disposition letter etc reg. my case. Here are my concerns and would appreciate advice on these.

1. Is there any chance of me getting the citizenship this time around with criminal case pending ?
2. Am I better off withdrawing my application/ requesting for another interview date ( hoping my case will be closed by then) or should I go and risk a denial ?
3. If denied once would that count against me the next time I apply for citizenship ?
4. Would I have to wait another 5 years to apply for my citizenship if it's denied this time?
5. If I go for the interview will I be better off taking an expert immigration attorney to help me thru the interview process as I intend to disclose the case to the INS officer ( even if they haven't caught it in the BG check due to the timing)

Any advice on the above listed questions would be much appreciated
 
1. Is there any chance of me getting the citizenship this time around with criminal case pending?
No. You should be honest about it if not it could hurt you more. You would have to wait for five more years to file for citizenship again. You must show good moral character for at least five years to be a US citizen. Sometimes you can get lucky and it might not show up given the time………But if caught could be charged with lying or false statements and making you not worthy to be a US citizen. So the choice is yours……….
2. Am I better off withdrawing my application/ requesting for another interview date ( hoping my case will be closed by then) or should I go and risk a denial ?
The choice is yours and they would want the disposition of the case before you can be approved. Anything short of not guilty would lead to denial of your petition. A plea deal would also lead to denial.
3. If denied once would that count against me the next time I apply for citizenship?
It would not count against you after five years.

4. Would I have to wait another 5 years to apply for my citizenship if it's denied this time?
Yes
5. If I go for the interview will I be better off taking an expert immigration attorney to help me thru the interview process as I intend to disclose the case to the INS officer ( even if they haven't caught it in the BG check due to the timing)
A lawyer is always good to have when going for an immigration interview especially with a criminal record. But using a lawyer when you know you would be denied could cost you to waste money. So you can go there alone and tell them you have a pending case if it shows up. Tell them you would reschedule once it is resolved if found not guilty.
 
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