Application for citizenship with criminal records

[PRforCitizen]

It is embarassing but there is no way to avoid it.

More than 11 years ago I was charged with a posession of concealed weapon for carrying a sharpened martial arts sword in teh trunk of my car when I moved . I was stopped by a state trooper for speeding and he asked my permission to search my car for routine search and I consented It was a misdemeanor in the state where the event happened. The judge gave a "sufficient finding, deferred" 6 months and then ordered the charge to be dismmised. The final disposition of the charge against me was "dismissed". But since the finding was "suffici9ent findning, deferred", It was equivalenbt to a conviction for immigration purpposes.

I filed MY I-485 disclosing such information by checking Yes to that "have you been arreested, cited, charged, or convietd for violation of any law?" question with certified court disposition documents. Though I did not even hold high hope but my I-485 was approved and I became a PR 7 years ago.

Due to this I really hate to go thru this process again that was why I have
not filed my citizenship application even residence-wise I became eligible
2 years ago. Now I think I will have to deal with it anyhow and consider starting my naturalization. I make an appointment with an immigration lawyer about my case to see professional opinion but I am also interested in hearing advice and opinions from fellow PRs and fellow citzienship applicants.

My concerns are of course are (1) the impact of this charge 11 years on my
citizenship application (2) the impact on my PR status (though My PR was granted even then-INS must have reviewed my criminal disclosure, they may
have second thoughts now after reviewing it again for my citizenship
application)

Since this event 11 years ago, I have never had any brish with law, not even a traffic ticket.

I had many sleelless nights during I-485 process due to this stupidity of mine.
Now all kind of those bizarre feeling are coming back


Life is not easy.

 

[hoping in 2009]

Ufff-- i know what you mean about sleepless nights, and worries about imigration issues :-(

Anywho I truly beleive you will be just fine bacause it happened 11 years ago and because you have never again had a "brish with the law" LOL.

So go ahead and apply and good luck to you

 

[Bobsmyth]

You're worrying too much over something that happened 11 years ago, which falls outside statutory period. USCIS would only use such a conviction to strengthen moral character determination if there was something within statutory period that would question your moral character.

As for the charge, I'm surprised they convicted you considering that you were moving at the time.

 

[cafeconleche]

They found a decorative sword that you had in your car when you were moving house? That's ridiculous. Sorry dude, but good luck with your citizenship process.

 

[PRforCitizen]

Thank you for replies

After the disposition, I actually check the section code I was charged with.
Indeed, moving should exeption. But the past is past. I have to live with it.

I am worried because from I read search results of typing some keywords into google that eligibility for citizenship and deportablity may be two separate issues. There is no expiration for the later. Plus I do read reports that some citizen application are denied over some trivial offense that happened a long time ago. It is hard not to worry
especially I am a worrying type even in others areas of life.

But anyway I am on this immigration roller coaster again. All those feelings I experiences are back.

 

[Jackolantern]

Your case shows why you should never consent to a police search. If the cop really wants to search you, you can't stop them. But if you don't consent and they search you anyway and don't have a warrant or probable cause, you can often use that lack of consent to get the evidence thrown out.

But since the finding was "suffici9ent findning, deferred", It was equivalenbt to a conviction for immigration purpposes.

Did you verify that part with an immigration lawyer (with experience in criminal cases) who looked at the court records? Maybe it isn't a conviction in your case, especially if you didn't plead guilty or otherwise admit guilt in order to get that "deferred, dismissed" result.

I also find it strange that the case got that far, given that you were carrying it in the trunk and did not take it out or otherwise expose it on your own. In many states (perhaps most or all), it does not break concealed weapon laws if you carry the weapon in the trunk or in a locked case, even if you don't have a concealed weapon license (assuming the weapon itself is legal for you to possess). So if USCIS wants to make a big stink about this incident, there may be grounds to have the result of the case overturned altogether, depending on what the concealed weapon laws were in your jurisdiction at the time of the incident.

If they want to deny your case for this, you only lose the fee. But if they want to revoke your green card for this, you have multiple points in your favor: (1) they already knew about it when granting your PR, (2) it might not be a conviction for immigration purposes, (3) even if it is a conviction, it isn't necessarily classified as an "aggravated felony" under immigration law, (4) the sword being in your trunk may mean you didn't break any law in the first place.

 

[PRforCitizen]

If they want to deny your case for this, you only lose the fee. But if they want to revoke your green card for this, you have multiple points in your favor: (1) they already knew about it when granting your PR, (2) it might not be a conviction for immigration purposes, (3) even if it is a conviction, it isn't necessarily classified as an "aggravated felony" under immigration law, (4) the sword being in your trunk may mean you didn't break any law in the first place.

The court documents only say charge name, section code, finding, and disposition. It does not give any details. So details are all up to my explanation. I doubt USCIS have any resourses to go to the cop who originally searched my car and gave me a slip of citation. It was certainly a minor thing in that state. The cop gave me citation just like a speedoing ticket and let me go

 

[Jackolantern]

The court documents only say charge name, section code, finding, and disposition. It does not give any details. So details are all up to my explanation. I doubt USCIS have any resourses to go to the cop who originally searched my car and gave me a slip of citation. It was certainly a minor thing in that state. The cop gave me citation just like a speedoing ticket and let me go

So you weren't even arrested? But you went to court, right? So there should be a court transcript of the case, including what you admitted or pleaded. Taking a look at that would show whether you admitted guilt, and the name and section of the charges can be used to determine whether it is classified as an "aggravated felony" (under immigration law).

So far it seems highly unlikely that you'd be deported for this, but if you want to be sure you should get a lawyer to look at all the details, and have a lawyer accompany you to the interview.

 

[Bobsmyth]

Sounds like you were charged with misdemeanor concealed weapon, 6 month deferred sentence with charges dismissed . Some/many states require you to have a permit to carry a weapon such as a sword, even if it is only used for display. Considering that it happened outside statutory and you have clean record during statutory period, I doubt that USCIS would pursue the matter any further at the interview.

 

[PRforCitizen]

Considering that it happened outside statutory and you have clean record during statutory period, I doubt that USCIS would pursue the matter any further at the interview.

Do I need to write a personal essay about everything that happened
or just present the court documents that state charge (verbatim and
section code), plea, finding, and final dispostion and let the USCIS
to judge? In the interview, do I also to orally present my story ?

These might be questions down the road together with many others
I will deal later but I can not help thinking about them. I should
leave themn aside and concentrate immediate actions such as consulting
a lawyer and filing my application.

I made an appointment with an immigration lawyer for the next week.

Thanks for all the reply. I think I should think positively as my I-485 lawyer
told me. But it is not something I can control. The positive thing is
I stop frustration with reduction of my 401K for now

 

[calvillager]

Do I need to write a personal essay about everything that happened or just present the court documents that state charge ?

I would say court document and police report are sufficient. Anything submitted with the application becomes the deposition and the more you write the more holes CIS will see and more time CIS would need to make a decision on your case.

I had a dismissed battery case in 1995 and I just got naturalized a short while ago. Before filing, I felt the same way as you are feeling; the case had been thoroughly reviewed by then INS and PR had been granted long ago. Will I have any problems with citizenship?

For your situation, my guess is that you won't have any problems, unless then INS overlooked some critical evidence, which should be fairly remote. You are now doing a right thing by seeking professional assistance, and I wish you prevail.

 

[PRforCitizen]

I would say court document and police report are sufficient. Anything submitted with the application becomes the deposition and the more you write the more holes CIS will see and more time CIS would need to make a decision on your case.

These government reports are too brief and are just like some form with
a few boxed checked. It did not even mention what weapon was found
did not say I was just moving etc. I feel if I don't give my personal
statement, the USCIS could assume more serious things happened like
I was going to assault someone instead of that I was just moving my luggage
in my car. My I-485 lawyer told me I need need
to prepare anything else like a personal statement of what happned. I was still prepare to do that orally if I was picked for an interview.
But my I-485 was just approved without an interview without being asked
to provide anything else. But citzenship process aninterview is a must.

 

[Jackolantern]

These government reports are too brief and are just like some form with
a few boxed checked. It did not even mention what weapon was found did not say I was just moving etc. I feel if I don't give my personal statement, the USCIS could assume more serious things happened like
I was going to assault someone instead of that I was just moving my luggage in my car.

Do not volunteer anything more than you need to. The case was a misdemeanor and was dismissed, so they are not going to automatically assume any evil deeds. It's if you give them too much information they'll start reading between the lines and get suspicious. Show them the court docs you have, and don't say anything more unless specifically asked.

My I-485 lawyer told me I need need
to prepare anything else like a personal statement of what happned.

You can prepare a carefully worded statement to carry to the interview, and have it reviewed by the lawyer to ensure it doesn't include anything that raises suspicion or admits guilt. In fact, a carefully prepared written statement is probably better than a spoken one ... you won't risk saying the wrong thing if you just shut up and show them the paper if they grill you about the incident. But don't show it unless you have to.

 

[calvillager]

These government reports are too brief and are just like some form with
a few boxed checked. It did not even mention what weapon was found
did not say I was just moving etc. I feel if I don't give my personal
statement, the USCIS could assume more serious things happened like
I was going to assault someone instead of that I was just moving my luggage
in my car. My I-485 lawyer told me I need need
to prepare anything else like a personal statement of what happned. I was still prepare to do that orally if I was picked for an interview.
But my I-485 was just approved without an interview without being asked
to provide anything else. But citzenship process aninterview is a must.

Agreed with Jack and felt no need to volunteer giving out any more info than stated on court doc and police report. We don't have a full picture of your situation, so you should do what your attorney thinks is the best for you.

Before you submit, I want you to ask yourself two questions: Who is the only impartial party before the USCIS? Who are you going to believe if you were the USCIS? Going from here may help you decide which direction to head.

Wish you luck.

 

[p4spooky]

1. This issue was disclosed by OP during the 485 process and his green card was approved.

2. Happened 11 years ago

I would suggest you answer the N400 questions and attach a copy of the final disposition. NO need to include the police report. If this is the only incident that happened it will not even come up in the interview.

Good luck - and don't loose sleep over this.

 

[PRforCitizen]

Do not volunteer anything more than you need to. The case was a misdemeanor and was dismissed

The court doc does not say it is misdeanor or felony. The penal code of the state say it is a misdemanor for the 1st offense. Of course, things like deferred judgment are usually for misdeamnor. Do I have to provide a copy of the state penal code or the USCIS can determine on their own?

 

[PRforCitizen]

You can prepare a carefully worded statement to carry to the interview, and have it reviewed by the lawyer to ensure it doesn't include anything that raises suspicion or admits guilt. .

It is impossible for me to deny my wrongdoing's occurance because I indeed did what the charge alldged. I can only defend myself by saying I never had any bad intent except for possessing and carrying it. I never had any intent to use it against a person not even for self-defense. It was purely an artifact.
It was sharpened though

 

[Jackolantern]

It is impossible for me to deny my wrongdoing's occurance because I indeed did what the charge alldged.

I didn't say deny anything, I said don't volunteer information that admits guilt. You may have had the sword in the trunk, but it doesn't mean any wrongdoing was involved in having it there. As I mentioned above, in many states it is not a violation if the weapon is in the trunk or a locked case. The judge and prosecutor may have realized that a defense lawyer could easily win on that basis if they argued that point, so the case was quickly dismissed.

So just write something to say you were pulled over, the cop searched your trunk, found an item and ticketed you with a misdemeanor for it, you were not arrested, you went to court and the case was dismissed. If they ask what type of item, say nothing more than something like "it was not a gun or drugs, and the case was dismissed." Repeat if they ask again. And have the lawyer help your formulate your written and spoken answers.

 

[PRforCitizen]

I And have the lawyer help your formulate your written and spoken answers.

Thanks. I'll talk to a lawyer or maybe two (I have too appointments
for initial consultation this coming week).

I found the following on the net. The guy's case is much more serious than mine - trying to board an airline with a handgun. This lawyer (Michale shane)
even suggest that even this not necessarily mean poor moral character
even had it occurred with the fire years precedding the application.

start of quoting

Effect of Firearms Conviction On An LPR
Michael Shane

Q. I was arrested in January 2001 at the airport in Milwaukee, Wisconsin for attempting to board an aircraft to New York City with a handgun. I did not know the handgun was in my carry-on bag. I was sentenced to 1 year probation. How will this incident affect my immigrant status? I am a green card holder and I have spent almost eleven years in US.

-- Anonymous

A.
Pursuant to Immigration and Nationality Act ("INA") section 237(a)(2)(C), a conviction for a firearms offense is a ground of deportability. This means that a person who has been convicted of a firearms offense is deportable and subject to removal from the United States.

The good news is that firearms offenses do not render individuals inadmissible under INA section 212(a) from the United States. Assuming an individual does not have any other arrests or convictions, a single firearms offense generally means s/he are not statutorily ineligible to receive a visa or travel abroad. For Naturalization purposes, a generic carrying concealed firearm conviction does not necessarily implicate poor moral character, which means that individuals still may meet the statutorily required five years of good moral character immediately preceding an Application for Naturalization if the offense occurred during that period. In this specific case, however, it appears that the offense occurred more than five years ago.

It is very important to understand that whenever an individual applies for an immigration benefit that is discretionary, such as Naturalization, the Naturalization officer may use the firearms conviction as a discretionary basis for denying the Application. If denied, the officer may forward your file to Immigration and Customs Enforcement ("ICE") for the issuance of a Notice to Appear ("NTA"). If you are placed in removal proceedings, one form of relief would be for you to overcome your conviction by re-adjusting your status to lawful permanent residence. That is, of course, if you have not committed an "inadmissibility crime" and you are otherwise eligible for adjustment of status. You may also be eligible for cancellation of removal.

Because there are other issues that may arise, such as mandatory detention and the affect of other arrests and/or convictions, it would be extremely prudent of you to seek the advice of an experienced immigration attorney to review any and all arrest reports and dispositions you may have and to render you a legal opinion as to the potential immigration consequences that you may face in the future.

Michael Shane and Evan Shane, Attorneys at Law
Law Offices of Michael Shane, P.A.
Miami and Ft. Lauderdale, Florida
http://www.shanelaw.com

 

[PRforCitizen]

Some of you may still remmeber this post of mine.

Here is some updated information. You can go through this thread is any of you are still interest. The bottomline is I went ahead and applied even my possesstion
of weapons offense can be considered deportable. I did interview a few weeks back and today I made an infopass appointment. I was told my application was just
APPROVED today but the oath has not yet scheduled. My hope now is rasied from 33% via 66% right after interview and how to 90% (I still hold my breath)

During the interview, The office asked about my case and asked if I was on probation. I answer I don't know but told him I plead guilty and the judge finding is deferred
judgement and case was dismiiseed six month later. The ofificer said he did not think there is any problem but he needed to talk with his superviors so he left to get his supervisor.
Then he came back said he could not get hold of his superviros so he gave me "a decison can not yet be made" result on N652 but he again said he did not see any problem.

Now I just wait