N-400 denied pursuant to section 316a

[truejatt]

My N-400 application for citizenship was denied pursuant to section 316a, that I was unable to establish good moral character. I applied for citizenship in September, was arrested for possession of marijuana (0.5grams) and a glass pipe in October. My interview was in December and at that time I told them about my arrest and that my preliminary hearing is on January 20th. At that point my case was put into continuance, so that I provide them with final court dispositions. However I will not have that until at least September of 2012. I had mailed the uscis a letter stating that I require and extension to my deadline to submit supporting documents as my preliminary hearing was Jan. 20. I just received a letter from the uscis stating that that my application was denied reason being that burden of proof is on me and I did not provide them with the necessary court documents and so I was unable to establish good moral character. Which i understand, but i cannot provide documents that I do not have yet. Should I either appeal this decision and stating that I will have those documents around September, or should I just re-apply when I have final court papers? This was my first offense of any kind with the law, my record is clean otherwise, and did not plead guilty but will be entering an ARD rehab program which upon completion this will be wiped from my record completely, do I still qualify for citizenship? thank you for your time reading this, and advice is much appreciated.

[AFFA]

I wish to inform you that you may appeal the decision. In this regard you can show the court ordered continuance in your case. Whenever court makes any decision it gives an order. You can thus show your present claim that delay is by court through court order. Your appeal can be on the basis the fact you are not provided fair opportunity to present your facts. Alternatively if you can wait then you can re-apply after your case is decided and you are eligible for Citizenship.

AFF