will adultery conviction in Taiwan affect N-400 naturalization application

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foureyesimmigra

Registered Users (C)
(I am posting this for a "friend" who wishes to remain anonymous)

I was originally from Taiwan. I have been living in the USA after getting my greencard 7 years ago.

In 2002, during a two-week visit back to Taiwan, I attended my old high school reunion. My high school girlfriend was also
there. We dated during high school years, but went our separate ways after that. We have not met or contacted each
other for almost 20 years.

After the 6-hour reunion party, she and I and two more friends went to a 24-hour coffeeshop to chat. We left around 2AM
and I wasn't able to get a taxi back to my hotel. She offered to let me crash at her place. Withtout thinking, I went home
with her. She lived in an apartment by herself. She said her kids lived with her monther in the south and that she "no longer
had a husband" To make a long story short, we ended up rekindling our friendship in the most intimate way. During the
two weeks I was there, we spent almost every minute together.

I was completely unaware that she was still legally married. (i.e. no formal divorce) Let's face it, I was probably too foolish.

Two nights before I was to leave Taiwan, we were sleeping in my hotel room at the Westin. Sometime after midnight,
someone slammed and opened the door and I heard several people in the room It turned out to be her estranged, but still
legally married husband and the police! Apparently adultery is still very much illlegal in Taiwan. The police can enter any
home or hotel room without a warrant, if the husband/wife suspects the spouse is sleeping with someone else. A uniformed
police officers started to take pictures of us while were were still basically undressed on the bed. Two other plain-clothes
officers(one male and one female) ripped off the sheets so they could get picture of us in that state.

She and I were both arrested and take to the local police precint. Booked, charged, and released on bail the next afternoon.

During the next few monthsI was charged and later convicted adultery, with a 1-year sentence suspended sentence. Also,
I was court-ordered to pay "restitution" to the husband in the amount of 3 million Taiwan dollars, roughly $100,000 US
dollars.

She got one month in jail and had to sign a divorce in which she lost custody to her 3 children. In addition, her assets(two
houses she inherited from her grandparents 20 years ago, prior to the marriage) were given to the unemployeed husband as
alimony and restitution.

At least this was Taiwan... adultery was a serious crime, but the maximum sentence is 1 year at most. Had we been in
Saudi Arabia, we would most have certainly faced the death penalty.

Will this affect my N-400 naturalization application, which I plan to submit in the next few weeks? Or should I speak with an
immigration attorney beforehand? The more important question. She and I now plan to get married. I wish to bring her to
the US. Is this even possible now due to her official police record showing this conviction?
 
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Yes, you must disclose the arrest on application, but it will most likely not affect your eligibility since it falls outside the statutory period unless you have other arrests during the statutory period.
 
Bobsmyth said:
Yes, you must disclose the arrest on application, but it will most likely not affect your eligibility since it falls outside the statutory period unless you have other arrests during the statutory period.
Click to expand...

Not even that, but that is not a crime in the US, so it shouldn't count at all.
OP has to disclose it though, because you have been arrested.
Other than that, I thought Taiwan was a pretty modern and advanced country, but I guess skyscrapers, electronics and (relative) wealth alone don't do it.
 
sarrebal said:
Not even that, but that is not a crime in the US, so it shouldn't count at all.
Click to expand...

Some US states still consider adultery a crime, but cases are rarely prosecuted. In some states they have alienation of affection laws where a spouse can sue their partner for infidelity.
 
Bobsmyth said:
Some US states still consider adultery a crime, but cases are rarely prosecuted. In some states they have alienation of affection laws where a spouse can sue their partner for infidelity.
Click to expand...

I believe that since about the 1980s, INS no longer considered adultery to be a crime for immigration purposes. So you have to disclose it. It used to be that commiting adultery was one of the crimes that would be used to determine good or bad moral character but it no longer is. I agree that you have to disclose it though because you were arrested and detained.
 
vdostoi1 said:
I believe that since about the 1980s, INS no longer considered adultery to be a crime for immigration purposes. So you have to disclose it. It used to be that commiting adultery was one of the crimes that would be used to determine good or bad moral character but it no longer is. I agree that you have to disclose it though because you were arrested and detained.
Click to expand...


but didn't that apply to people who have not yet immigrated to the USA?
(not those who have already immigrated and living inside the USA):confused:
 
sarrebal said:
Not even that, but that is not a crime in the US, so it shouldn't count at all.
OP has to disclose it though, because you have been arrested.
Other than that, I thought Taiwan was a pretty modern and advanced country, but I guess skyscrapers, electronics and (relative) wealth alone don't do it.
Click to expand...

Taiwan is modern than some countries, but still not fully developed in all aspects. It's pretty much down there in the lower rankings with countries such as India, Pakistan, Zimbabwe, and even Haiti.
 
foureyesimmigra said:
Taiwan is modern than some countries, but still not fully developed in all aspects. It's pretty much down there in the lower rankings with countries such as India, Pakistan, Zimbabwe, and even Haiti.
Click to expand...

At least Taiwan has a very high GDP per capita. Consider its size, it is
much more advanced than India, Pakistan not to mention Haiti. If you exclude Europe
and North America and Japan, Taiwan is no doubt ranked among most advancted countries/region
in the world.
 
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foureyesimmigra said:
but didn't that apply to people who have not yet immigrated to the USA?
(not those who have already immigrated and living inside the USA):confused:
Click to expand...

Prior to amendments to the INA in 1981, adultery was a statutory bar to finding of good moral character.
 
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vdostoi1 said:
Prior to amendments to the INA in 1981, adultery was a statutory bar to finding of good moral character.
Click to expand...

here's a thought... how would George Washington answer this N-400 question
if he had to apply for US citizenship? :) "Q: Have you ever advocated
(either directly or indirectly) the overthrow of any government?"
 
WBH said:
Many presidents would be deported if the same deportation ruled applied
to citizens. For example, Clinton and Bush commited drug offense before
in their younger times.
Click to expand...

that's the advantage of having been born in the USA...


I remember during my naturalization interview, I was asked to name some
of the benefits of becoming a citizen. Right to vote and travel on US passports
were some of the correct answers. (but I guess the "right of not to be deported"
is also a very important right... but no naturalization applicant would dare
say that to the interviewing officer, I sincerely hope! :) )
 
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