ExpertLaw.com Forums

Pre-Trial Diversion and Citizenship

Printable View

  • 08-28-2008, 09:51 AM
    Anonone
    Pre-Trial Diversion and Citizenship
    I applied for citizenship in 2005, at the time, I was under investigation (FBI) and did not expect to be arrested or charged. During the interview the standard questions pertaining to arrests/convictions were asked and I truthfully answered no. At the conclusion of the interview the INS agent informed me there was "something" in my FBI file and even though I passed the civics test he could not give final approval of my petition until a name check was done. Post interview, the government concluded that there was a technical violation of the law - 18 U.S.C. § 875(c) threat to injure - even though that was not my intent as determined by the FBI investigation which included 2 polygraph tests. I was offered PTD without having to admit guilt and the charge was dropped at the end of the 18 month probationary period.

    How will this affect my application and can it be considered an omission even though my statements were truthful?

    18 U.S.C 875 (c) Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.

    Thank you,
    Anonymous one
  • 08-30-2008, 07:01 AM
    Mr. Knowitall
    Re: Pre-Trial Diversion and Citizenship
    Nobody here can promise that the USCIS will ignore the incident, although getting a disposition that did not involve a guilty plea should help you. If you answered all questions truthfully, then you wouldn't be deemed ineligible for making false statements. But still, all we can tell you is that you'll have to wait and see what happens.
  • 09-03-2008, 06:33 AM
    elliot4004
    Re: Pre-Trial Diversion and Citizenship
    Well First off, there is a bit material misrepresentation, you didn't notify the INS officer about the incident, hopefully they won't use this against you. Other than this issue, you are fine with your probation(with no guilty plea) and acquiring citizenship.
    All the best.
All times are GMT -7. The time now is 07:40 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved