2 charges and citizenship proceeding

D

darkstar13579

Registered Users (C)
To begin this, I committed these crimes and I understand that I was wrong to do so. I wanted my friends and loved ones to hate me so I could kill myself without feeling guilty but obviously that did not happen. I am not mentally incompetent/defective and not suicidal. I was just sick of life and didn't see any future so wanted to take the coward's way out. I didn't do it. After the crimes occurred and hit the very bottom, I realized that I could only go up from that point.


June 2005 Class C felony theft - Deferred sentence dismissed in Sept 2006 (4 days jail time)
Sept 2005 Misdemanor A theft - 1 year suspended sentence (no jail time)

I got married in March 2004 to a US citizen. I met my wife in college in 2001 and we have been together since then. I just had my interview in February 2009 from my N400 naturalization application (which I submitted in Oct 2007) and during the interview I was informed that further review is needed due to my criminal record.

I have read numerous other posts on similar issues and I plan on consulting an immigration attorney if my application is denied. I had not previously consulted legal aid as I did not care about receiving a citizenship because my wife wouldn't mind me moving back to my place of birth to live.

However, my wife and I are trying to have a baby and I want a guarantee that I can be with my children and my wife no matter what happens in relation to this particular issue.

Any input on my chances of being accepted would be appreciated as I need to ease my worries. I need the citizenship more than ever now that I have changed my career plans and will have a baby very soon. I also have been considering joining the Army officer's program if I get the citizenship, but I also fear that my record would prevent me from joining.

Thank you for your help.



*One additional information*
The first felony charge was dismissed after deferred sentencing as part of a plea agreement. I can pass sufficient background check to own a concealed carry permit issued by 2 states at this time which I need for my work.


-Louis-
 
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Looks like you already made up your mind about applying. Now you have to wait for USCIS to get back to you and respond accordingly. Good luck.- :)
 
darkstar13579 said:
June 2005 Class C felony theft - Deferred sentence dismissed in Sept 2006 (4 days jail time)
Sept 2005 Misdemanor A theft - 1 year suspended sentence (no jail time)
Click to expand...

You'll be denied for lack of good moral character as your convictions were inside the statutory period. This being said, seek the advice of an immigration lawyer specialized in criminal law immediately as the charges (especially the felony) are serious enough to lead to deportation.
 
Bobsmyth said:
You'll be denied for lack of good moral character as your convictions were inside the statutory period. This being said, seek the advice of an immigration lawyer specialized in criminal law immediately as the charges (especially the felony) are serious enough to lead to deportation.
Click to expand...

and that "Sept 2005 Misdemanor A theft" is perhaps an aggravated felony too
by immigration defnition because he was sentenced to 365 days. It does not matter if he did not really serve it because it is the sentence that matters
 
Should I wait for the denial to come through or consult with an attorney now? I am not sure what can be done if everything needed has been completed until I receive my rejection letter (at which point, I will of course contact an attorney).

How serious is the possibility of deportation? Is this a process that can occur overnight or will I have time to go through the legal process?

Thank you for the information so far.

*One additional information*
The first felony charge was dismissed after deferred sentencing as part of a plea agreement. I can pass sufficient background check to own a concealed carry permit issued by 2 states at this time which I need for my work.
 
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darkstar13579 said:
*One additional information*
The first felony charge was dismissed after deferred sentencing as part of a plea agreement. I can pass sufficient background check to own a concealed carry permit issued by 2 states at this time which I need for my work.
Click to expand...

The issue is that deferred sentenceing can be a conviction for immigration purpose. Passing a sufficient background check for weapon permit or anything else does not mean anything for immigration. Immigration has its own standard. Clinton has a good moral character in eyes of voters to
be president but if he were not a citizen he might be deportable because
he himself admit he smoked marijunna.

Your next caution should be about your weapons. Even if you need it to work and you have permit, you should be very careful about it because
firearm violation is also a deportable offense.
 
darkstar13579 said:
Should I wait for the denial to come through or consult with an attorney now? I am not sure what can be done if everything needed has been completed until I receive my rejection letter (at which point, I will of course contact an attorney).

How serious is the possibility of deportation? Is this a process that can occur overnight or will I have time to go through the legal process?

Thank you for the information so far.

*One additional information*
The first felony charge was dismissed after deferred sentencing as part of a plea agreement. I can pass sufficient background check to own a concealed carry permit issued by 2 states at this time which I need for my work.
Click to expand...

Under immigration law, a dismissal can still be considered a conviction if you initially entered a plea of guilt or no contest. Also, passing a regular background check in order to carry a concealed weapon has no effect on your convictions since immigration law defines conviction differently than criminal law.
The potential for deportation is very real: seek a good immigration lawyer specialized in criminal law immediately. Before being deported you'll first be given a hearing, so make sure to contact that lawyer as soon as possible.
 
Bobsmyth said:
Under immigration law, a dismissal can still be considered a conviction if you initially entered a plea of guilt or no contest. Also, passing a regular background check in order to carry a concealed weapon has no effect on your convictions since immigration law defines conviction differently than criminal law.
The potential for deportation is very real: seek a good immigration lawyer specialized in criminal law immediately. Before being deported you'll first be given a hearing, so make sure to contact that lawyer as soon as possible.
Click to expand...

How much times does one get to settle sale of house and other stuff etc
if deportation decision is made? Or one has to get ready for deportation
before the hearing and if hearing fails one will be placed into custody
rigth away?

I think in such situation, one should make himself and his family as mobile as possible. Try for the best results - deportation may not happen and even citizenship is possible. But prepare for the worst. Pack everything up and find an attorney to handle assets etc by gining him power of attorney.
Once deportation reall come, embrace that and leave.
 
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Thank you for all the information. I believe this should no longer be ignored and I should get my act together and retain legal help to proceed.

What am I looking to gain at this time from legal assistance, if I am awaiting decision?
 
darkstar13579 said:
Thank you for all the information. I believe this should no longer be ignored and I should get my act together and retain legal help to proceed.

What am I looking to gain at this time from legal assistance, if I am awaiting decision?
Click to expand...

You should concentrate on avoiding deportation first. If deportation is settled
in yoru favor, you can still apply for citizenship when these two matters fall outside 5 year period because I don't think they are permanennent bar
to naturliazation.

No matter what, don't worry too much and worrying is useless. Just try your best. Even if the worst happens, it is only worst in sense of immigration
 
WBH said:
You should concentrate on avoiding deportation first. If deportation is settled
in yoru favor, you can still apply for citizenship when these two matters fall outside 5 year period because I don't think they are permanennent bar
to naturliazation.

No matter what, don't worry too much and worrying is useless. Just try your best. Even if the worst happens, it is only worst in sense of immigration
Click to expand...

I really needed to hear that as I am fairly concerned that I may be away from everything I know.

Would deportation occur overnight? Will I get pulled out of my work and such or do I receive a notice and have time to get some legal help together?
 
darkstar13579 said:
I really needed to hear that as I am fairly concerned that I may be away from everything I know.

Would deportation occur overnight? Will I get pulled out of my work and such or do I receive a notice and have time to get some legal help together?
Click to expand...

You'll get a notice to appear first where you are given the chance the defend your charges.
 
WBH said:
You should concentrate on avoiding deportation first. If deportation is settled
in yoru favor, you can still apply for citizenship when these two matters fall outside 5 year period because I don't think they are permanennent bar
to naturliazation.
Click to expand...

In OP's case 3 years since he's married to US citizen.
 
darkstar13579 said:
I really needed to hear that as I am fairly concerned that I may be away from everything I know.

Would deportation occur overnight? Will I get pulled out of my work and such or do I receive a notice and have time to get some legal help together?
Click to expand...

An NTA (notice to appear) will have to come first. Just make sure you don't miss it if it is indeed sent. USCIS take failure to appear very seriously and
is not symphathetic if you argue you did not show up because you did not receive it. Sometimes failure to appear cause much more trouble than the original matter NTA is about
 
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Hopefully, your case is not aggravated felony. If you have onloy one conviction and that is after 5 years afteryour admission
(for thispurpose there is a case law that define admission as the first physical admisison
not the date you got your GC see http://caselaw.lp.findlaw.com/data2/circs/6th/063665p.pdf), then you are not deportable.

(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 245(j) ) 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.



(iii) Aggravated felony.-Any alien who is convicted of an aggravated felony at any time after admission is deportable.
 
I have absolutely no experience witht he immigration process. But if your N400 is in process already, why not hire a real good attorney with such a track record and with good relations with your D/O right away? It is not just you-you have your whole family now. Past is past -nothing you can do. Just get a good, solid attorney that can guide you through these stuff and possibly attend the interview with you-if you haven't pulled your application already. Good luck.

regarding the army officers program, I don't know much. but I do know a bunch of young kids that got into trouble witht he law and got charges dropped in exchange for joining the military(which branch I do not know).
 
tnwalker said:
But if your N400 is in process already, why not hire a real good attorney with such a track record and with good relations with your D/O right away?
Click to expand...

A good lawyer with good relations with the DO is no substitute to a CIMT conviction that is a sure path to a denial for lack of good moral character. There's no way to get around one of the basic requirements of naturalization.
At this point the OP should seek the advice of a lawyer to plan ahead for a potential deportation hearing.
 
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