Citizenship with Misdemeanor

H

helpneed1

New Member
Will my Criminal Record prevent me from naturalizing or renewing Green Card? I am concerned because of a misdemeanor "Moral turpitude" not convicted (dismissed) that occurred in 2001/2002.

1994 I entered the U.S. for employment.
2001 Arrested and charged for misdemeanor for shoplifting. No Jail time.
2002 Got green card. Valid up to 2013.
2002 Got diversion and the case is dismissed. Paid fine. (This case could have a maximum conviction of 6 months and the fine could have been up to 1000 dollars fine. )
2009 I am planning to apply for Citizenship very soon.

I am applying for citizenship after about 7 years after the arrest.

Also I have 2 minor children, who are United States Citizens and my wife is US Citizen.

My immigration questions:

A. With a misdemeanor moral turpitude offenses on my record, one being at least five years after entering the country, what is the likelihood that I will be allowed to remain in the U.S.?
B. Will I get my Citizenship approved? and what is the probability like denial, deportation?
C. Is it better to renew the Green Card rather than going for the Citizenship? What are the chances of getting the Green Card renewed?
D. Is there anything I can do to improve my chances of renewing my green card or becoming a naturalized citizen? Ideally I would like to become a naturalized citizen. But I am afraid to go forward.

Can someone advice with their experience or knowledge of the law.
 
I don't see much problem.

But since the arrest occur before your getting GC, Did it occcur before you
filled I-485 form? Did you disclose teh arrest on the I-485 form?

If you disclosed it and USCIS approved your GC, I do not see any reason
USCIS would take yoru GC back otherwise they would have not given it to you in the first place.

If teh arrest occured after you sent I-485 form and before you got the GC
and there was no interview, you were still OK because no such question would be asked again.

If the arrest occured before you filed I-485 and you did not disclose it,
then strictly speaking, they can say you lied to get immigration benefits
 
Did you originally disclose the arrest of your GC application?
Since the conviction falls outside statutory period you would be fine for naturalization.
As for deportation, it's not an issue as the sentence is less than 1 year and its your only conviction.
 
1. Did you originally disclose the arrest of your GC application?

No. Because the arrest occured after I-485 and just before getting the Green Card. There was no interview. I was just called for signature for the GC.

When I talked to a lawyer he is slightly concerned, because this involves moral turpitude and the arrest occured within 10 years after entering the US (is there is a 10 year period after entering the US?). He is saying otherwise it is OK.

I am concerned because my kids are studing here and relocating back is unimaginable now.
 
helpneed1 said:
When I talked to a lawyer he is slightly concerned, because this involves moral turpitude and the arrest occured within 10 years after entering the US (is there is a 10 year period after entering the US?). He is saying otherwise it is OK.
Click to expand...

I dont remmeber that is 10 year period after admission rule. I remmeber there is a 5 year after admisison rule
 
helpneed1 said:
When I talked to a lawyer he is slightly concerned, because this involves moral turpitude and the arrest occured within 10 years after entering the US (is there is a 10 year period after entering the US?)
Click to expand...

Five years normally. 10 years is only for those who got GC under ssection 245(j). Your arrest happened before you got the GC so 10 years does not apply to you even if you got GC under 245(j) later.

The concern is that you did not disclose it before you got the GC. Even I-485 was filed first USCIS can argue they did not know this when tehy approved your card. You have to examine inadmissibility consequence of yoru arrest. Criteria for Inadmissibility are different from those for deportability even though they overlap a lot




quote:

(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


http://www.uscis.gov/propub/DocView/slbid/1/2/65?hilite=
 
Last edited by a moderator:
Hi Gurus, here's my situation - I received a citation in Chicago for Public Urination in 2002. I received my GC in 2004, but did not disclose the citation when I filed my I-485. I am now eligible to file my N400 and do intend to disclose this in the application - from everyone's posts it seems this would be a problem? How can I avoid any issues?
 
wong561hb said:
Hi Gurus, here's my situation - I received a citation in Chicago for Public Urination in 2002. I received my GC in 2004, but did not disclose the citation when I filed my I-485. I am now eligible to file my N400 and do intend to disclose this in the application - from everyone's posts it seems this would be a problem? How can I avoid any issues?
Click to expand...

Public urination is not a serious enough crime to have jeopardized your GC application.
As for naturalization, it falls outside statutory period so isn't an issue.
Now some may argue the question of why you didn't disclose it on GC application can come up during interview, but IMO the chances are very low considering the charge.
 
Bobsmyth, do I need to send proof of payment of this citation with my application or can I carry proof with me during the interview? The N400 provides enough space for me to explain my situation without having to add additional pages, unless you suggest sending proof of payment, copy of citation etc. along with application - please advise...

Thanks for your help!
 
wong561hb said:
Bobsmyth, do I need to send proof of payment of this citation with my application or can I carry proof with me during the interview? The N400 provides enough space for me to explain my situation without having to add additional pages, unless you suggest sending proof of payment, copy of citation etc. along with application - please advise...

Thanks for your help!
Click to expand...

Bring proof of payment to interview. You can enclose copy with application, but it's not a "hard" requirement.
 
wong561hb said:
Hi Gurus, here's my situation - I received a citation in Chicago for Public Urination in 2002. I received my GC in 2004, but did not disclose the citation when I filed my I-485. I am now eligible to file my N400 and do intend to disclose this in the application - from everyone's posts it seems this would be a problem? How can I avoid any issues?
Click to expand...

I have a friend who was in a similar situation. He got cited for PU over 10 years ago, but his case was dismissed in court and he just ended up paying just the court fee. He had no issues getting his GC 4 or 5 years after this happened (I dont think he disclosed it though), and he doesnt plan to disclose it during his citizenship either. What was the result in your case, and why are you planning to disclose it now when you didnt do it during your GC processing?
 
I haven't filed my application as yet, although I am eligible to do so. I am soliciting feedback from this forum to determine what is appropriate in my case. I am planning an international trip during Xmas and plan on filing the N400 just before I leave. I have verified from the city of chicago that PU is a violation of a city ordinance and not even a misdemeanor, so I am still toying with the idea of either disclosing it or not
 
wong561hb said:
I haven't filed my application as yet, although I am eligible to do so. I am soliciting feedback from this forum to determine what is appropriate in my case. I am planning an international trip during Xmas and plan on filing the N400 just before I leave. I have verified from the city of chicago that PU is a violation of a city ordinance and not even a misdemeanor, so I am still toying with the idea of either disclosing it or not
Click to expand...

If it involved a citation you'll need to disclose it.
 
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