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N-400 and Processing time in Seattle, WA for people with misdemeanor charges
- Thread starter marklivinglarge
- Start date
marklivinglarge
Registered Users (C)
I really don't have a clue about 8 CFR
I probably should have appeal the last denial, but I didn't ...
Just sent in my New N-400. Hopefully this time USCIS wouldn't be such pain in the neck .....
What do you have in mind?
I probably should have appeal the last denial, but I didn't ...
Just sent in my New N-400. Hopefully this time USCIS wouldn't be such pain in the neck .....
What do you have in mind?
marklivinglarge
Registered Users (C)
in the denial letter USCIS said that even if the court dismissed my case; in their book, it's considered a conviction .... and still suggested I file 5 years after the date of the arrest ...
it's clear I think ...right ?
Any input ?
it's clear I think ...right ?
Any input ?
marklivinglarge
Registered Users (C)
No it's not. If they made a mistake about telling you when you can reapply, that doesn't allow you to circumvent the moral character or any other requirements.
USCIS has some buffoons that don't know what they're talking about, and they've screwed up many people's lives because of it.
Unfortunately, you need to satisfy the 5 year "good moral character" requirement when you file the N-400 and when you are interviewed and on the oath date. Your interview date will be more than 5 years after the sentencing, but not the filing date.
However, perhaps for your specific case it's 5 years after the arrest, since you didn't plead guilty and weren't explicitly convicted in court and it was ultimately dismissed without probation. But generally it's 5 years after the conviction.
Did the attorney see the exact details of your case before giving the answer you quoted above?
YES the attorney that told me about year after the date of the arrest rather than conviction is the one that filed my 10 Years Green Card. so YES he has certified copies of my court dockets....
and you might be correct about NOT pleading guilty, and the case was dismissed after 12 months without probation or nothing ... Just court fee.
in the denial letter USCIS said that even if the court dismissed my case; in their book, it's considered a conviction .... and still suggested I file 5 years after the date of the arrest ...
it's clear I think ...right ?
Any input ?
If you look the exact (I mean word-by-word verbatim language) language of the denial letter, it must have cited the specific section of CFR under which your application was denied, something like CFR 8.316.10(b)(2)(i) or something of the sort. If you look up the actual wording of the denial letter, the reference to CFR should be there.
Regarding the fact that they considered it a conviction even though the case was eventually dismissed, they were probably right although in your posts here you have not provided enough information to be sure. The legal definition of "conviction" for immigration purposes is more broad than it is in criminal law. If you entered into some kind of a plea agreement with the prosecutors, and admitted your guilt (which appears to be the case since you mentioned that you agreed to pay some court fee), that would likely be enough to count as a conviction for immigration purposes, even if the charge was dismissed later.
marklivinglarge
Registered Users (C)
Here is what the denial letter says
Reasons: Poor Moral Chacacter
CFR8 Reference: Part 316 Generale Requirements for Naturalization
Section 316.10 Good Moral Character
On February 06, 2006, You were arrested and charged with Theft 3rd Degree. You were found guilty, after you plead Not guilty. The Court Granted 12 months Deferred sentence imposed, monitored unsupervised probation 12 months, with imposed charges of $480. No criminal Violations for 12 months, No contact per court directive for 12 months, stay out of trouble. In April 22 2007, The court dismissed and closed your case based on other deferred compliances.
Section 101(a)(48)(A) of the act states: the term," conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-(i) a judge or jury has found the alien guilty or the alien has entered the plea of guilty or nolo contendere or has admitted sufficient fact to warrant a findings of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint of the alien's liberty to be imposed.
This definition provided clear directions for the service when evaluating different state statues providing ameliorative procedures affecting the "finality" of a conviction under state law. When an alien is granted diversion, or some sort of deferred adjudication subsequent to a plea of guilt, and some form of penalty or punishment is ordered, there exists, for purposed of immigration, a conviction. Therefore, USCIS concludes that You were convicted of theft.
The United states immigration and naturalization services ( USCIS) has considered your record. Your testimony and service records indicate that you were arrested for theft of February 06, 2006 and found guilty. You committed an unlawful act that adversely reflects upon your moral character, and you have not provided sufficient information establishing extenuating circumstances for your actions at the time of the incident. You have failed to meet the burden of establishing that you are a person of good moral character. Therefore, based on the above facts, youhave failed to establish eligibility for naturalization and your application must be, and hereby is, denied. YOU MAY FILE A NEW APPLICATION FOR NATURALIZATION 5 YEARS AFTER THE DATE OF YOUR ARREST, provided that all other eligibility requirement have been met.
that conclude what the denial letter says ..
Reasons: Poor Moral Chacacter
CFR8 Reference: Part 316 Generale Requirements for Naturalization
Section 316.10 Good Moral Character
On February 06, 2006, You were arrested and charged with Theft 3rd Degree. You were found guilty, after you plead Not guilty. The Court Granted 12 months Deferred sentence imposed, monitored unsupervised probation 12 months, with imposed charges of $480. No criminal Violations for 12 months, No contact per court directive for 12 months, stay out of trouble. In April 22 2007, The court dismissed and closed your case based on other deferred compliances.
Section 101(a)(48)(A) of the act states: the term," conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-(i) a judge or jury has found the alien guilty or the alien has entered the plea of guilty or nolo contendere or has admitted sufficient fact to warrant a findings of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint of the alien's liberty to be imposed.
This definition provided clear directions for the service when evaluating different state statues providing ameliorative procedures affecting the "finality" of a conviction under state law. When an alien is granted diversion, or some sort of deferred adjudication subsequent to a plea of guilt, and some form of penalty or punishment is ordered, there exists, for purposed of immigration, a conviction. Therefore, USCIS concludes that You were convicted of theft.
The United states immigration and naturalization services ( USCIS) has considered your record. Your testimony and service records indicate that you were arrested for theft of February 06, 2006 and found guilty. You committed an unlawful act that adversely reflects upon your moral character, and you have not provided sufficient information establishing extenuating circumstances for your actions at the time of the incident. You have failed to meet the burden of establishing that you are a person of good moral character. Therefore, based on the above facts, youhave failed to establish eligibility for naturalization and your application must be, and hereby is, denied. YOU MAY FILE A NEW APPLICATION FOR NATURALIZATION 5 YEARS AFTER THE DATE OF YOUR ARREST, provided that all other eligibility requirement have been met.
that conclude what the denial letter says ..
marklivinglarge
Registered Users (C)
Here is what the denial letter says
Reasons: Poor Moral Character
CFR8 Reference: Part 316 General Requirements for Naturalization
Section 316.10 Good Moral Character
On February 06, 2006, You were arrested and charged with Theft 3rd Degree. You were found guilty, after you plead Not guilty. The Court Granted 12 months Deferred sentence imposed, monitored unsupervised probation 12 months, with imposed charges of $480. No criminal Violations for 12 months, No contact per court directive for 12 months, stay out of trouble. In April 22 2007, The court dismissed and closed your case based on other deferred compliances.
Section 101(a)(48)(A) of the act states: the term," conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-(i) a judge or jury has found the alien guilty or the alien has entered the plea of guilty or nolo contendere or has admitted sufficient fact to warrant a findings of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint of the alien's liberty to be imposed.
This definition provided clear directions for the service when evaluating different state statues providing ameliorative procedures affecting the "finality" of a conviction under state law. When an alien is granted diversion, or some sort of deferred adjudication subsequent to a plea of guilt, and some form of penalty or punishment is ordered, there exists, for purposed of immigration, a conviction. Therefore, USCIS concludes that You were convicted of theft.
The United states immigration and naturalization services ( USCIS) has considered your record. Your testimony and service records indicate that you were arrested for theft of February 06, 2006 and found guilty. You committed an unlawful act that adversely reflects upon your moral character, and you have not provided sufficient information establishing extenuating circumstances for your actions at the time of the incident. You have failed to meet the burden of establishing that you are a person of good moral character. Therefore, based on the above facts, you have failed to establish eligibility for naturalization and your application must be, and hereby is, denied. YOU MAY FILE A NEW APPLICATION FOR NATURALIZATION 5 YEARS AFTER THE DATE OF YOUR ARREST, provided that all other eligibility requirement have been met.
Reasons: Poor Moral Character
CFR8 Reference: Part 316 General Requirements for Naturalization
Section 316.10 Good Moral Character
On February 06, 2006, You were arrested and charged with Theft 3rd Degree. You were found guilty, after you plead Not guilty. The Court Granted 12 months Deferred sentence imposed, monitored unsupervised probation 12 months, with imposed charges of $480. No criminal Violations for 12 months, No contact per court directive for 12 months, stay out of trouble. In April 22 2007, The court dismissed and closed your case based on other deferred compliances.
Section 101(a)(48)(A) of the act states: the term," conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-(i) a judge or jury has found the alien guilty or the alien has entered the plea of guilty or nolo contendere or has admitted sufficient fact to warrant a findings of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint of the alien's liberty to be imposed.
This definition provided clear directions for the service when evaluating different state statues providing ameliorative procedures affecting the "finality" of a conviction under state law. When an alien is granted diversion, or some sort of deferred adjudication subsequent to a plea of guilt, and some form of penalty or punishment is ordered, there exists, for purposed of immigration, a conviction. Therefore, USCIS concludes that You were convicted of theft.
The United states immigration and naturalization services ( USCIS) has considered your record. Your testimony and service records indicate that you were arrested for theft of February 06, 2006 and found guilty. You committed an unlawful act that adversely reflects upon your moral character, and you have not provided sufficient information establishing extenuating circumstances for your actions at the time of the incident. You have failed to meet the burden of establishing that you are a person of good moral character. Therefore, based on the above facts, you have failed to establish eligibility for naturalization and your application must be, and hereby is, denied. YOU MAY FILE A NEW APPLICATION FOR NATURALIZATION 5 YEARS AFTER THE DATE OF YOUR ARREST, provided that all other eligibility requirement have been met.
How soon they tell you that you can apply is not legally binding, so you can't go by what they tell you and must determine yourself when you are eligible to apply according to immigration law and legal precedent.So, they must know what they're talking about, I have it in writing ...
8 CFR 316.10Here is what the denial letter says
Reasons: Poor Moral Chacacter
CFR8 Reference: Part 316 Generale Requirements for Naturalization
Section 316.10 Good Moral Character
(2) An applicant shall be found to lack good moral character if during the statutory period the applicant:
(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act;
http://law.justia.com/us/cfr/title08/8-1.0.1.3.68.0.1.7.html
Notice the use of word convicted in the law, and not arrested.
8 CFR § 316.10 Good moral character.
(b) Finding of a lack of good moral character.
(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of §316.10(b) (1) or (2).
This is the basis of that denial. Re-read the quoted text of the denial for the key words.
(b) Finding of a lack of good moral character.
(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of §316.10(b) (1) or (2).
This is the basis of that denial. Re-read the quoted text of the denial for the key words.
If the charge isn't a CIMT under 316.10(b) (1) or (2), then yes, 316.10 (b)(3)(iii) applies. However, 316.10 (b)(3)(iii) refers to the terms(iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of §316.10(b) (1) or (2).
.
Committed or convicted. Considering the denial used the wording "convicted of theft", it would be safer to go by the conviction date rather than the committed date. Denial letters can't be used as legal precedent for future applications. In other words, if USCIS incorrectly determines when the applicant may be eligible in a denial letter, it can't be used as word of law should any future application be denied.
8 CFR § 316.10 Good moral character.
(b) Finding of a lack of good moral character.
(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of §316.10(b) (1) or (2).
This is the basis of that denial. Re-read the quoted text of the denial for the key words.
The question is if the clause "or was convicted or imprisoned for such acts, although the acts do not fall within the purview of §316.10(b) (1) or (2)" could be used to deny the OP's N-400 this time around, assuming that he filed his N-400 before the 5-th anniversary of the conviction date.
marklivinglarge
Registered Users (C)
The word conviction means that if a person was convicted then that person lacks good moral character. Does NOT say anything about when the statuary period starts.
But I am contacting the immigration attorney as I am writing this , and I will get back with you guys with the right answer ...
Thank you
But I am contacting the immigration attorney as I am writing this , and I will get back with you guys with the right answer ...
Thank you
marklivinglarge
Registered Users (C)
Sorry Guys, I replied to Thread Twice ...
and I think I am gonna stick with one thread ...
Thank you
and I think I am gonna stick with one thread ...
Thank you
Jackolantern
Registered Users (C)
Reasons: Poor Moral Character
CFR8 Reference: Part 316 General Requirements for Naturalization
Section 316.10 Good Moral Character
On February 06, 2006, You were arrested and charged with Theft 3rd Degree. You were found guilty, after you plead Not guilty.
So that's a definite conviction, no doubt about it.
You said the sentencing was on April 20, 2006. It's possible the conviction itself happened before April 20, but the conviction obviously happened after Feb. 6. You filed on Feb. 7 (this month), so the conviction date is definitely within the 5 years before your filing date.
It's understood that the statutory period is the 5 years preceding the time of application if you are applying under 5 year rule.Does NOT say anything about when the statuary period starts.
marklivinglarge
Registered Users (C)
HERE IS WHAT THE ATTORNEY ROBERT GIBBS HAD TO SAY:
Yes, you can apply now. Whether it will be approved depends on the evidence of your character in the intervening time.
Please make an appt to come in and being on this project.
Robert H. Gibbs
Gibbs Houston Pauw
1000 Second Ave. Suite 1600
Seattle, WA 98104
206-224-8790
fax 206-689-2270
http://www.ghp-immigration.com/
Yes, you can apply now. Whether it will be approved depends on the evidence of your character in the intervening time.
Please make an appt to come in and being on this project.
Robert H. Gibbs
Gibbs Houston Pauw
1000 Second Ave. Suite 1600
Seattle, WA 98104
206-224-8790
fax 206-689-2270
http://www.ghp-immigration.com/
In order to base an N-400 denial on a "conviction for a CIMT" it has to fall outside the exception at INA 212(a)(2)(ii)(II). This one meets the excpetion and is therefore a discretionary denial based on date of "commission", in this case, it seems that, that is the same day as the arrest.
8 CFR § 316.10 Good moral character.
(b) Finding of a lack of good moral character. (1) An applicant shall be found to lack good moral character, if the applicant has been:
(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act;
8 CFR § 316.10 Good moral character.
(b) Finding of a lack of good moral character. (1) An applicant shall be found to lack good moral character, if the applicant has been:
(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act;
marklivinglarge
Registered Users (C)
Thank you for the clarification "BigJoe". and with that being said. seems like I am in the green zone with USCIS.
Now, what kind of documentations do I have with me, if any, to make sure the interview process goes through smoothly???
Do I have to prove I am a person of Good moral character? besides taking income returns with me ...?
Thank you
Now, what kind of documentations do I have with me, if any, to make sure the interview process goes through smoothly???
Do I have to prove I am a person of Good moral character? besides taking income returns with me ...?
Thank you