A couple of questions!

A

asylee01

Registered Users (C)
I have been arrested twice:
1- in September 2000 for overstaying (immigration charges) i was detained by the INS, was then released after receiving asylum by Immigration Judge.

2- In December 2004 i was arrested for traffic violation (doing 60 on 50, my driver license was suspended and i didn't know till he ran it, i was only taken to the station for 15 minutes then i was released. Later i paid the fine, reinstated my license and got a deposition, i was required to carry SR22 for 1 year, now it's over, i even enclosed the deposition letter when applied for my I-485 which was approved on June 11/07.
B.T.W the license was suspended only for not having insurance 2 times. (please refrain from flaming..i learned my lesson already :))
PS: i didn't have to see the judge at all, it never even made it to court, it is just police report explaining the incident and it's marked as a misdemeanor.
Do you guys think that would be a problem when applying for citizenship on March 09?
I know when you read the word "arrested" you get all fired up, it is not as bad as it sounds, so please take it easy on me lol.
Thanks for your help in advance!
 
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You'll probably be ok, but make sure you declare everything on your N-400 application. Take proof (e.g. court certified disposition) along to the interview with you.
 
Do asylum seekers get to apply for N400 faster? Your GC was done in Jun 07 and you are eligible in 09.
 
Jackolantern said:
A misdemeanor is still a criminal conviction, not just a citation.
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Actually by taking another look at the report, it doesn't say misdemeanor, here is what it says:
OFFENSE STATUTORY BASIS:
A UCMJ
B Non-Criminal Fatality
X C State
D Local
E Foreign
F Federal, Non-UCMJ
When i saw the " C State" marked with "X" I assumed it's class C misdemeanor.
As far as i know, in order to be convected you would have to be in court, i never was asked to see a judge i just mailed the fine (i think it was $150) and went to the insurance company and obtained my SR22 which i carried for 12 months.
I would like to hear more opinions from the pros.
 
Be careful.

If you were aslyee and then married someone who is US citizen, it would be probably an issue because it is not intended to immigrate.

About your criminal history (or misdemeanor), I suggest you consult an immigration lawyer with knowledge of criminal law.
 
USGC485 said:
Be careful.

If you were aslyee and then married someone who is US citizen, it would be probably an issue because it is not intended to immigrate.

About your criminal history (or misdemeanor), I suggest you consult an immigration lawyer with knowledge of criminal law.
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I am not worried about the marriage thing (i have been happily married for 5 years now, we file join tax return every year.)
also know several people (ex- asylees) who got married to USC's with no issues.
 
asylee01 said:
As far as i know, in order to be convected you would have to be in court, i never was asked to see a judge i just mailed the fine (i think it was $150) and went to the insurance company and obtained my SR22 which i carried for 12 months.
Click to expand...
Misdemeanor convictions don't require going to court. You have the option to go to court to fight it, but you don't have to go to court to be convicted.

Misdemeanors like littering and some traffic violations often involve nothing more than an officer writing a ticket on the spot, without you or the officer going to court. But it's still a conviction if you pay the fee and don't challenge it in court.

You will have to list that incident, or risk being denied if USCIS finds out about it after you failed to mention it on the form or in the interview.
 
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You will have to disclose the incident. What is the statutory citation?
 
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USGC485 said:
Be careful.

If you were aslyee and then married someone who is US citizen, it would be probably an issue because it is not intended to immigrate.

About your criminal history (or misdemeanor), I suggest you consult an immigration lawyer with knowledge of criminal law.
Click to expand...

"not intended to immigrate?" What does that mean? Asylees have a perfect right to marry.
 
thankful said:
"not intended to immigrate?" What does that mean? Asylees have a perfect right to marry.
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never mind my answer. thought aslyum seekers are seeking to immigrate by marrying someone US citizen. But this person is granted to become a US permanent resident after his asylum petition was approved. He is eglible to apply for US citizenship based on marriage. but he needs to consult an immigration lawyer with knowlege of criminal laws first.
 
thankful said:
You will have to disclose the incident. What is the statutory citation?
Click to expand...
You have been helpful on this forum, i have see you in action, i will difinatly mention this on the form. in fact i already have it written, the offense statutory basis: " STATE" tha's all it says on the report.
 
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