Question about Misdemeanor Charge

A

armin78

Registered Users (C)
Some one will be eligible for Citizenship in 2 years and has only one Misdemeanor charge ( trespassing ) , paid the fine and went to jail for 7 days. Is he gone a have a problem ? if yes means he has to extend his GC every 10 years for ever ?

Or is there any way to show to USCIS that he will be ( and he was) law bidding person and he made one big mistake once.


Thanks
 
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that person should be fine. just dont get into any more trouble. 1 mistake can happen with anybody. just mention about it in the application and be honest with the IO when it comes up during the interview.

You can apply in 2 years time if u have completed 5 years of GC
 
armin78 said:
Some one will be eligible for Citizenship in 2 years and has only one Misdemeanor charge ( trespassing ) , paid the fine and went to jail for 7 days. Is he gone a have a problem ? if yes means he has to extend his GC every 10 years for ever ?

Or is there any way to show to USCIS that he will be ( and he was) law bidding person and he made one big mistake once.


Thanks
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Misdemeanor trespassing is not a CIMT. If this is their only conviction, it does not affect their eligibility for naturalization in 2 years.
 
Bobsmyth said:
Misdemeanor trespassing is not a CIMT. If this is their only conviction, it does not affect their eligibility for naturalization in 2 years.
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Bobsmyth , this person's charge shows up in the court paper as :ENTER PROPERTY TO DAMAGE:

Is this crime of Moral turpitude, and if yes what can he do ??


Thank you for all your help
 
armin78 said:
Bobsmyth , this person's charge shows up in the court paper as :ENTER PROPERTY TO DAMAGE:

Is this crime of Moral turpitude, and if yes what can he do ??


Thank you for all your help
Click to expand...

What state and what was the exact charge this person's charge shows up as?
 
VA , It was embezzlement at first but state dropped it to ENTER PROPERTY TO DAMAGE. From felony to misdemeanor. in court's record shows up as ENTER PROPERTY TO DAMAGE (18.2-121 ).


Thanks
 
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It can be considered a CIMT if conviction record shows there was an intent to commit the crime of damage to property. If the maximum possible sentence was under one year , actual sentence was less than 6 months and this is the person's only conviction, he should be fine as one CIMT under 1 year maximum possible sentence and under 6 months actual sentence does not make one ineligible for naturalization.

Ref: Page 18 , following guide:

http://www.nationalimmigrationproject.org/virginia%20materials/VIRGINIA_QUICK_REFERENCE_CHART.pdf
 
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bobysmith does the sentencing you mentioned mean the jail time or supervision and probation also cause i was given one year supervision on a misdemeanor charge and ninety dollars fine
 
Helphelp1 said:
bobysmith does the sentencing you mentioned mean the jail time or supervision and probation also cause i was given one year supervision on a misdemeanor charge and ninety dollars fine
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To qualify for a CIMT exception during naturalization statutory period, several things must be met:

a) The maximum possible sentence does not exceed 1 year

b) The actual imposed sentence does not exceed 6 months

c) This is the only CIMT ever committed since being admitted entry to the US

Probation alone generally does not count as a sentence. For example, if you are only sentenced to probation, it would not count as sentence for immigration purposes, but if you received probation and a suspended sentence then it would be considered a sentence.

My guess is the same rule applies to court supervision.
 
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