N 400 - Eligibility

[bom7007177]

Hi All,

I need your suggestion and guidance before start the process of applying for Naturlization application.

My situation is like this:

a) I came here on GC in the year 2002 and attending college and also doing part time jobs here and there.

b) In the year 2003 I applied Re-Entry and went back to my Country and lived there for one year and in the year 2004 came back to US.

c) While doing part time jobs during the year 2005 May I was charged two petty larcency cases and I was asked to appear before court and the court treated my charges are petty misdemanor, I plead guity and they were asked to pay some court fee and also advised 18 months social service at the church, which I finished all. I went to court through an attorney and later I got the court order where in they taken all charges from my record.

d) From that date on wards I did not do any thing wrong and I have a clean record till date.

e) Now, my question, though I am eligible to apply citizenship in the year 2008 ( 4 Yr + 1 Day rule) , I did not apply as some one suggested that my application will be denied looking from the 5 year window aspect. However, my attorney informed that I can apply as the court has taken off the charges from their records ( this attorney is not from Immigration side and I am not sure whether he is right in this regard). Now I am doing my Masters from college and I seek all your expert suggestion on applying for N 400 i.e. is it right to apply now or to wait one more year ie upto May 2010 and apply then so that it will be safe bet by all means.

I appreciate with your expert suggestions.

Bom

 

[WhichWay2Go]

I seek all your expert suggestion on applying for N 400

I can't help with that advice, but even though the Court records have been sealed, you will still have to declare the conviction in the N-400 application. From what I understand sealed records are not sealed from the USCIS.

 

[WBH]

I can't help with that advice, but even though the Court records have been sealed, you will still have to declare the conviction in the N-400 application. From what I understand sealed records are not sealed from the USCIS.

The trouble is if you dislocse it but if teh record is sealed and you can not get corut documents to back your disclose up how can you convince the IO
you indeed have that criminal record . OK, no one who has never been arrested is stpupid enough to claim he has been arrested. So IOs take your word that you have been arrested before but how can you show documents about court disposition?

 

[Bobsmyth]

c) While doing part time jobs during the year 2005 May I was charged two petty larcency cases and I was asked to appear before court and the court treated my charges are petty misdemanor, I plead guity and they were asked to pay some court fee and also advised 18 months social service at the church, which I finished all. I went to court through an attorney and later I got the court order where in they taken all charges from my record.

Were you charged with two petty larceny charges resulting from the same incident or from different incidents? Since you pleaded guilty they will be treated as convictions for immigration purposes, regardless of it they were expunged from court records. Petty larceny is considered a CIMT and therefore you would need to wait at least 5 years after conviction to apply. If you were convicted of two petty larceny resulting from separate incidents you face even bigger problems.

 

[bom7007177]

You were charged with two petty larceny charges resulting from the same incident or from different incidents? Since you pleaded guilty they will be treated as convictions for immigration purposes, regardless of it they were expunged from court records. Petty larceny is considered a CIMT and therefore you would need to wait at least 5 years after conviction to apply. If you were convicted of two petty larceny resulting from separate incidents you face even bigger problems.

Charged with two larceny from the same incident. I have court document which shows the case was expunged. You said it is considered as CIMT, can you elaborate on CIMT pl?

bom

 

[WBH]

Charged with two larceny from the same incident. I have court document which shows the case was expunged. You said it is considered as CIMT, can you elaborate on CIMT pl?

bom

You also need documents that show final disposition (dismissal. charged withdred, aquital, conviction, etc).

 

[Bobsmyth]

Charged with two larceny from the same incident. I have court document which shows the case was expunged. You said it is considered as CIMT, can you elaborate on CIMT pl?

bom

Crime involving moral turpitude which is used in evaluation of good moral character. Even though the conviction as expunged, immigration law still considers it a conviction since you pleaded guilty to it.
If you apply now for naturalization you will be denied as the CIMT happened within the first 5 years of being a LPR.

 

[bom7007177]

Crime involving moral turpitude which is used in evaluation of good moral character. Even though the conviction as expunged, immigration law still considers it a conviction since you pleaded guilty to it.
If you apply now for naturalization you will be denied as the CIMT happened within the first 5 years of being a LPR.

Thank you very much.