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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default N-400 Filed. Trespass Charge 2 Weeks Later

    Hi. New here. I recently filed for naturalization N-400. Resident with 5ys completed - DV lottery winner. Clean record so far. But 1 day after I received I-797C notice about N-400 processing I got in trouble. Minor i hope. I accidentally trespassed the railroad property. It was marked but not clearly. It was an open remote road by the tracks that kind of looked like a public one. No gate but signed (i missed it). I was there looking for new photography backgrounds (I'm a wedding photographer with LLC business if that matters). So me my wife and 2 kinds were in the car. I walked out of the car to look around and possibly ask for assistance if we can be there. Railroad police came and I got criminal trespass charge. First the cop was very official but after I explained he became more friendly even took my business card. Nevertheless he gave me NJ 2C:18-3 (B)(2) statue charge. Defiant trespass. Then the policemen said that in when in court he'll talk to the prosecutor that I will have that handled as a borough ordinance with no criminal record and small fine. I contacted criminal attorney to assist me and talked to the immigrant attorney but he advised me to come after the court tdate with the actual conviction. I'm new to that so here are the questions:
    1. Should I maybe fight that to dismiss? ( according to 2 lawyers it is hard with municipal courts and its better to go for that ordinance deal especially if the cop said he would recommend it). But these lawyers are not immigration specialists so this is why I'm here. So far I read that even if convicted to this 2C:18-3 (B) it's not CIMT not to mention downgrading to borough ordinance.
    2. Should I withdraw N-400 (if even possible)? no fingerprints date yet.

    The thing is I was not doing anything malicious I was on the sunday trip with my family and just got in that stupid situation. I had a big camera so the security that called me got scared Im taking pictures or sth and the police was called. I do not blame them but I ended up with a criminal charge in the of the day.

    Thanks

    And also - no arrest of course.

    Immigration attorney I spoke to did not want to see me before the court date and have my consultation after.

    Thanks for all info.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: N-400 Filed. Trespass Charge 2 Weeks Later

    The best result would be a dismissal. I can't promise you what a prosecutor will do in the jurisdiction at issue; I would expect that the lawyers with whom you've spoken are much better positioned to predict that. If you cannot get a dismissal, either immediate or deferred, and don't want to take your chances at trial, having the matter reduced to a noncriminal charge is about the best you can do. You can expect that you will be asked questions that require you to disclose the details of the incident and its resolution, even if it is resolved with a dismissal or as a non-criminal borough ordinance violation, but from what you've told us I don't think it will prevent naturalization.

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: N-400 Filed. Trespass Charge 2 Weeks Later

    Thanks for that info. What is the next step for the N-400 though? Simply wait for the interview and answer when asked? Or send something to USCIS once i'm done in court before the interview.

    Should I mention it myself @ the interview or wait till asked (or not)

    Thanks again
    tomassus

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