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CIMT convictions and N-400
- Thread starter text123
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namecheckvictim
Registered Users (C)
You can apply now, be advised convictions that are expunged still need to be disclosed on N-400 with the disposition and expungement orders.
These are outside the 5 years GMC period anyway and are not the kind that effects the N-400 processing beyond the 5 year period.
These are outside the 5 years GMC period anyway and are not the kind that effects the N-400 processing beyond the 5 year period.
With 2 expunged prior convictions for Petty theft both from 2003 (probation ended in 2006) in California, can i apply for citizenship now and if so what're the chances?
You should consult an experienced immigration attorney before filing an N-400 to determine if exposing yourself to immigration authorities could result in removal proceedings. You have not provided enough information to rule that out.
With 2 expunged prior convictions for Petty theft both from 2003 (probation ended in 2006) in California, can i apply for citizenship now and if so what're the chances?
Since I see that you have reopened an older thread about this very issue
http://forums.immigration.com/showt...g-N400-Question-about-petty-theft-Please-Help
I'm bumping up your original thread.
As BigJoe5 says, you should be really careful and talk to some immigration lawyer(s) before filing for naturalization.
Petty theft, although it sounds minor, is actually considered CIMT (crime involving moral turpitude), see http://www.murthy.com/news/UDshoplg.html
There is no such thing as expungement for immigration purposes - what matters is that you were convicted for a particular offense.
Since you have 2 petty theft convictions, you may actually be deportable.
See
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html
"(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude Any alien who—
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed,
is deportable.
(ii) Multiple criminal convictions.
Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable. "
In particular (ii) appears to apply to you since you have 2 criminal convictions. (I assume they both happened after you became an LPR, right?) Moreover, even (i) may apply to you, depending on the specifics and the timing of the convictions and the maximal possible penalties involved.
If you are indeed deportable and submit an N-400 application, you will have to disclose those convictions and there is a possibility that the IO examining your case could refer it for the deportation proceedings. However, the IOs adjudicating N-400 applications have fairly wide discretion and in many cases they actually approve an application even if the applicant is technically deportable. E.g. this often happens with people who, due to ignorance or misunderstanding, registered to vote while in the LPR status. Such aliens are technically deportable but most IOs usually overlook that, provided the alien can prove that he/she never actually voted and is no longer registered to vote.
However, you really need to understand the precise consequences of your petty theft convictions and the risk involved in applying for naturalization before you file N-400. That's why obtaining competent legal advice is important in your case.
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saleh5512640
Registered Users (C)
HI everyone
I STILL NEED A RESPONSE GUYS PLEASE!
hello everyone...can someone answer my question please????? Here is my story.....came to the u.s.a Aug-2001. On work visa.same year got married and adjusted my status to green card.yet nor interview back then it used to take up to 3 years for interview.throughout this three years between 2001 till the end till 2003 the problems that i am aware of.i was very stupid and reckless.
1) arrested for prostitution charge (misdemeanor) in fort worth texas ..charge dismissed
2) arrested for driving for a suspended driver license for not paying traffic tickets they suspend my license without me knowing so. Conviction (misdemeanor)
3) arrested sold beer to a minor i was working at a gas station at the time (misdemeanor) dismissed
4) arrested for grand theft in (louisiana) 10 count misdemeanor convicted outcome was serve 6 months in jail for each count that's a total of 60 months in jail sentence or pay a fine ..i paid 5000 dollar fine and the sentence was suspended.this last charge is unique the one who file the charges against me is someone i knew so he came to court and drop the charges and he got his money back but the state still charged me???
Now on the last charge the theft while i was still in jail immigration placed me on hold till the case is over so they can deport me " removal proceeding"
i was in detention center in dallas for over 2 months immigration court has been set so that they can make a decision to deport me.my attorney presented to immigration judge all arrest records since i got to the u.s.a ....with a miracle from God the judge approved my case for permanent resident " green card"even though he knew all my arrests.
Now my question is ??????
Since my last offence in december 2003 till today's date i have been clean. And staying out of trouble except of minor traffic violations like expired registration sticker and tinted windows and expired inspection sticker i got i think a total of 5 or six tickets since 2003 and i listed them all on my n400 application .what are the odds of my application would it be approved since i have been out of trouble for the last 10 years or will they take my gc away and deport me???or will they denied my application??????? They already send me appointment letter on 09-05-2013 and followed up by cancellation of that appointment i don't know why maybe because of my past criminal record..now i am so scared and waiting for another letter for my n400 interview. ..help please maybe someone here have a problem like my problem?????thanks in advance
I STILL NEED A RESPONSE GUYS PLEASE!
hello everyone...can someone answer my question please????? Here is my story.....came to the u.s.a Aug-2001. On work visa.same year got married and adjusted my status to green card.yet nor interview back then it used to take up to 3 years for interview.throughout this three years between 2001 till the end till 2003 the problems that i am aware of.i was very stupid and reckless.
1) arrested for prostitution charge (misdemeanor) in fort worth texas ..charge dismissed
2) arrested for driving for a suspended driver license for not paying traffic tickets they suspend my license without me knowing so. Conviction (misdemeanor)
3) arrested sold beer to a minor i was working at a gas station at the time (misdemeanor) dismissed
4) arrested for grand theft in (louisiana) 10 count misdemeanor convicted outcome was serve 6 months in jail for each count that's a total of 60 months in jail sentence or pay a fine ..i paid 5000 dollar fine and the sentence was suspended.this last charge is unique the one who file the charges against me is someone i knew so he came to court and drop the charges and he got his money back but the state still charged me???
Now on the last charge the theft while i was still in jail immigration placed me on hold till the case is over so they can deport me " removal proceeding"
i was in detention center in dallas for over 2 months immigration court has been set so that they can make a decision to deport me.my attorney presented to immigration judge all arrest records since i got to the u.s.a ....with a miracle from God the judge approved my case for permanent resident " green card"even though he knew all my arrests.
Now my question is ??????
Since my last offence in december 2003 till today's date i have been clean. And staying out of trouble except of minor traffic violations like expired registration sticker and tinted windows and expired inspection sticker i got i think a total of 5 or six tickets since 2003 and i listed them all on my n400 application .what are the odds of my application would it be approved since i have been out of trouble for the last 10 years or will they take my gc away and deport me???or will they denied my application??????? They already send me appointment letter on 09-05-2013 and followed up by cancellation of that appointment i don't know why maybe because of my past criminal record..now i am so scared and waiting for another letter for my n400 interview. ..help please maybe someone here have a problem like my problem?????thanks in advance
Last edited by a moderator:
saleh5512640
Registered Users (C)
HI everyone
can someone answer my question please????? Here is my story.....came to the u.s.a Aug-2001. On work visa.same year got married and adjusted my status to green card.yet nor interview back then it used to take up to 3 years for interview.throughout this three years between 2001 till the end till 2003 the problems that i am aware of.i was very stupid and reckless.
1) arrested for prostitution charge (misdemeanor) in fort worth texas ..charge dismissed
2) arrested for driving for a suspended driver license for not paying traffic tickets they suspend my license without me knowing so. Conviction (misdemeanor)
3) arrested sold beer to a minor i was working at a gas station at the time (misdemeanor) dismissed
4) arrested for grand theft in (louisiana) 10 count misdemeanor convicted outcome was serve 6 months in jail for each count that's a total of 60 months in jail sentence or pay a fine ..i paid 5000 dollar fine and the sentence was suspended.this last charge is unique the one who file the charges against me is someone i knew so he came to court and drop the charges and he got his money back but the state still charged me???
Now on the last charge the theft while i was still in jail immigration placed me on hold till the case is over so they can deport me " removal proceeding"
i was in detention center in dallas for over 2 months immigration court has been set so that they can make a decision to deport me.my attorney presented to immigration judge all arrest records since i got to the u.s.a ....with a miracle from god the judge approved my case for permanent resident " green card"even though he knew all my arrests.
Now my question is ??????
Since my last offence in december 2003 till today's date i have been clean. And staying out of trouble except of minor traffic violations like expired registration sticker and tinted windows and expired inspection sticker i got i think a total of 5 or six tickets since 2003 and i listed them all on my n400 application .what are the odds of my application would it be approved since i have been out of trouble for the last 10 years or will they take my gc away and deport me???or will they denied my application??? They already send me appointment letter on 09-05-2013 and followed up by cancellation of that appointment i don't know why maybe because of my past criminal record..now i am so scared and waiting for another letter for my N-400 interview. .help please maybe someone here have a problem like my problem?????also i spoke with my attorney today and he advise maybe we should withdraw my N-400....thanks in advance
can someone answer my question please????? Here is my story.....came to the u.s.a Aug-2001. On work visa.same year got married and adjusted my status to green card.yet nor interview back then it used to take up to 3 years for interview.throughout this three years between 2001 till the end till 2003 the problems that i am aware of.i was very stupid and reckless.
1) arrested for prostitution charge (misdemeanor) in fort worth texas ..charge dismissed
2) arrested for driving for a suspended driver license for not paying traffic tickets they suspend my license without me knowing so. Conviction (misdemeanor)
3) arrested sold beer to a minor i was working at a gas station at the time (misdemeanor) dismissed
4) arrested for grand theft in (louisiana) 10 count misdemeanor convicted outcome was serve 6 months in jail for each count that's a total of 60 months in jail sentence or pay a fine ..i paid 5000 dollar fine and the sentence was suspended.this last charge is unique the one who file the charges against me is someone i knew so he came to court and drop the charges and he got his money back but the state still charged me???
Now on the last charge the theft while i was still in jail immigration placed me on hold till the case is over so they can deport me " removal proceeding"
i was in detention center in dallas for over 2 months immigration court has been set so that they can make a decision to deport me.my attorney presented to immigration judge all arrest records since i got to the u.s.a ....with a miracle from god the judge approved my case for permanent resident " green card"even though he knew all my arrests.
Now my question is ??????
Since my last offence in december 2003 till today's date i have been clean. And staying out of trouble except of minor traffic violations like expired registration sticker and tinted windows and expired inspection sticker i got i think a total of 5 or six tickets since 2003 and i listed them all on my n400 application .what are the odds of my application would it be approved since i have been out of trouble for the last 10 years or will they take my gc away and deport me???or will they denied my application??? They already send me appointment letter on 09-05-2013 and followed up by cancellation of that appointment i don't know why maybe because of my past criminal record..now i am so scared and waiting for another letter for my N-400 interview. .help please maybe someone here have a problem like my problem?????also i spoke with my attorney today and he advise maybe we should withdraw my N-400....thanks in advance
Last edited by a moderator: