Citizenship interview/exam while being accused of misdemeanor

S

subsur

New Member
hi all,
my wife is scheduled for a citizenship interview/exam in 2 weeks. She is a greencard holder now. She got a ticket for a misdemeanor (leaving a child unattended in a car). She was not arrested. She has a scheduled court appearance in 1 week. We're planning to hire a criminal lawyer to fight misdemeanor charges.
please advise on how the misdemeanor (if she's found guilty) can impact her immigration status.

thank you very much.
 
subsur said:
hi all,
my wife is scheduled for a citizenship interview/exam in 2 weeks. She is a greencard holder now. She got a ticket for a misdemeanor (leaving a child unattended in a car). She was not arrested. She has a scheduled court appearance in 1 week. We're planning to hire a criminal lawyer to fight misdemeanor charges.
please advise on how the misdemeanor (if she's found guilty) can impact her immigration status.

thank you very much.
Click to expand...

It is probably a good idea for your wife to postpone the naturalization interview until the criminal charges are resolved. An IO will not approve the case while criminal charges are still pending, which could result in the N-400 case being significantly delayed. You may also want to consult the immigration lawyer in advance of the criminal court appearance, to find out what the possible consequences are for being convicted for the offense in question (including various possible plea deals etc). As far as I can tell, the offense your wife is charged with is probably not deportable, but if she is convicted, the IO might concievably deny her N-400 application on the good moral character grounds.
 
1.) She has a right to request a continuance of the N-400 processing in order to conclude the pending criminal case court appearance but must waive any time limits imposed by law on USCIS as to the processing of that application.

2.) While the criminal case is pending adjudication, she cannot prove GMC for naturalization purposes.

3.) If found guilty or pleads guilty or nolo contendre, the punishment imposed will determine how the crime is characterized for immigration law purposes.

4.) IF probation is imposed, that will prevent naturalization until such time as probation is successfully concluded. An N-400 will not be kept open indefinitely in such a case. IF probation is the result, the N-400 should be withdrawn and a new one submitted at some point in the future after good compliance and an end comes to such probation if the underlying circumstances of the applicant's criminal conviction and any criminal history allow for naturalization.

5.) IF the actual charge is written (under the State law) such that it is deemed a CIMT, depending on the punishment and the applicant's entire history, it could meet an exception OR it could create a temporary bar to naturalization.

6.) IF it is a second CIMT or a "multiple" criminal conviction or a specific characterization under the immigration law, it could be deportable.
 
subsur said:
hi all,
my wife is scheduled for a citizenship interview/exam in 2 weeks. She is a greencard holder now. She got a ticket for a misdemeanor (leaving a child unattended in a car). She was not arrested. She has a scheduled court appearance in 1 week. We're planning to hire a criminal lawyer to fight misdemeanor charges.
please advise on how the misdemeanor (if she's found guilty) can impact her immigration status.

thank you very much.
Click to expand...
Since you're hiring a lawyer, makes sure it's an immigration lawyer specialized in criminal law and not just a criminal lawyer. The last thing you want to do is hire a regular criminal lawyer who is not aware of the immigration consequences of your charges. That being said, the immigration lawyer can best answer your questions on how they relate to the exact charges and potential conviction.
 
Hi i was wondering what happen to your wife case as i am in the same stuations and its really are my big problem right now as i am also ticket with mistermenior and waiting for the court date, i apply my citizenship and my interview is on a month please please help me thank you....
 
You must log in or register to reply here.
Top