ALERT FOR LAWFUL PERMANENT RESIDENTS WITH CRIMINAL RECORDS/ see this a must!!!!

I went through the entire web site and read some judicial cases.
it seems to me that different immigration judges interpret the law differently. sometimes the same crime can be considered as a CMT, sometimes not!
also the definition of CIMT is very broad (is it on purpose?). I guess granting or denying remains at the INS discretion and depends on who is processing the case!
there are certain words that are very precise. can anybody explain the meaning of: " conviction"?is it strictly for criminal prosecution? (meaning when the DA prosecutes in the name of the State somebody?)is it basically the outcome of a trial plus judgement ( taht results fine and sentencing).
I also did not understand the meaning of :" (b) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed." in the definition of conviction according to federal law?
can anybody explain?

thank you
 
So does this mean that traffic tickets that resulted in a fine but no arrest (say, an improper U-turn), have to be reported on the I-400 under Qn.15? The question actually mentions "citations" - but then, in the instructions, it says that if one answers "yes" to anything under Qn.15, you have to attach an explanation on a separate sheet, and then, get a statement from the arresting officer, the court etc.

I can't believe they mean improper U-turns, but then, I don't want to be accused of lying on the application either.

Serious question, please. Thanks.

P.S. I saw several related posts on this forum, but then here's what I found elsewhere:
http://immigration.about.com/library/weekly/aa070300b.htm
"Question #6: I got a traffic ticket for speeding, do I have to tell INS about that in a citizenship interview?

Carl Shusterman: The N-400 application asks whether you have ever been arrested or convicted of a crime, "excluding traffic regulations," so you would not have to reveal a speeding ticket. However, if the offense were more serious, for example, driving under the influence of alcohol, you should not only reveal the arrest, but you should attach a certified copy of the arrest report to your application. It is important to stress, that all "arrests" must be revealed, even if they did not result in criminal convictions, were expunged or otherwise erased from your record.

Failure to reveal an arrest or conviction, no matter how minor, or how long ago the arrest/conviction occurred, may result in your application for naturalization being denied because you gave false testimony. "
 
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I don't think they care about traffic violations ( even they are considered as crimes too!!) except DUI, DWI offenses or something special (like not stpping when an officer orders to do so or something..).
I did not report my traffic violations a on my application and was not asked during the interview about them. may be because I had another concern more important to them, which is a restraining order that they cannot find any criminal ties linked to it.
 
Thanks. I was feeling good about that until I saw this:


http://seattlepi.nwsource.com/local/172675_suit10.html

"Monday, May 10, 2004

One mistake robs man of citizenship
Moral character standard challenged in class action suit

By CHRIS McGANN
SEATTLE POST-INTELLIGENCER REPORTER

In 1999, Kichul Lee got a $153 ticket for collecting a bucket full of oysters on a Puget Sound beach.

The South Korean immigrant promptly took care of the fine and now counts his oysters twice to make sure he hasn't collected more than his limit. But last year he found out that the money was only a fraction of the price he would end up paying.

The full cost became clear when he was interviewed to become a U.S. citizen.

He breezed past his English and civics test but his heart sank when he learned what Citizenship and Immigration Services thought of him. "You have failed to establish that you are a person of good moral character," the service said in a letter. "Your application must be and hereby is DENIED."

Last week, Lee and six other immigrants filed a class action lawsuit in U.S. District Court in Seattle that calls into question the apparently extreme standard used to determine the moral character of an applicant.

He says he wants to help others avoid the embarrassment and aggravation of being excluded from rights and privileges that come with citizenship based solely on minor infractions and summary assessments that do not accurately reflect character.

As many as 3,000 other immigrants could benefit if Lee and the others named in the suit prevail.

Sharon Rummery, a spokeswoman for Citizenship and Immigration Services, said: "Not every misdemeanor violation is cause for a denial of a naturalization application based on lack of good moral character." But Rummery also acknowledged that "some misdemeanor violations have the potential for causing that outcome." ........ :eek:
**********************************************
The term "arbitrary" comes to mind .. the report does not say if the gentleman's error was in reporting this on his N-400 or NOT reporting it..
 
Me & Mr Lee

Kichul Lee is such a familiar story - this is exactly what happened to me. Although I am still in the process of finding the exact reason why my officer denied me citizenship I fear it iis for the same reason as Mr. Lee.
This story is extremely unfair yet not the only one. And I can not begin to say the danger behind giving one human being that much power- to decided the moral charachter of a person based on a slight infringement. I agree here with Lee's lawyer. The law states "good moral charachter" not perfect.
My biggest fear is not having my citizenship, and continuing to pay taxes while not being able to partake say in my retirement benefits. So far many seem to agree that the change of laws are leaning in that direction. This has got to stop. Immigrants is what have made and shaped this country.
:eek: :eek: :eek:
 
"THE INS IS TRYING TO REVOKE THE NATURALIZATION OF DECENT CITIZENS" Shocking News!!!

INS Denaturalization Issues
http://www.aila.org/contentViewer.aspx?bc=9,594,7141,7155

Like Mr. L I forgot about my arrest over 20 years ago.

"Mr. L, the manager of the loading department at a meat packing plant in Vernon, California, was naturalized in 1995. He is accused by INS of failing to disclose arrests, one of which happened more than twenty years ago. In one incident, charges against him were dropped when a friend took a stereo that he had found on the street. In the other, Mr. L was cited for possession of a dead rooster that belonged to a friend. Mr. L had disclosed these incidents to INS when he applied for legalization ten years ago, but, because of the minor nature of the incidents and passage of time, had simply forgotten them."
 
mnnyc said:
INS Denaturalization Issues
http://www.aila.org/contentViewer.aspx?bc=9,594,7141,7155

Like Mr. L I forgot about my arrest over 20 years ago.

"Mr. L, the manager of the loading department at a meat packing plant in Vernon, California, was naturalized in 1995. He is accused by INS of failing to disclose arrests, one of which happened more than twenty years ago. In one incident, charges against him were dropped when a friend took a stereo that he had found on the street. In the other, Mr. L was cited for possession of a dead rooster that belonged to a friend. Mr. L had disclosed these incidents to INS when he applied for legalization ten years ago, but, because of the minor nature of the incidents and passage of time, had simply forgotten them."
Click to expand...

Interesting read, but fortunately this expedited denaturalization regulation was stopped years ago. The outcome of the case is all over the internet and has been discussed in these forums before. Please, let's spend the time to do some research before posting some "shocking" news ;) I am pasting one of the many links that discuss the legal intricacies of this case.

http://www.nilc.org/immlawpolicy/natzcitzshp/nc024.htm

My 2 cents,
Huracan
 
I just got my green card 5 months ago. I am assuming that since they do a background check before approving GC, my wife and I must have passed CIS "high moral character" standard. Both of us have a couple of traffic tickets for things like speeding, and not stopping at stop sign, in the past 5-6 years.

My question is: Is there a "higher" standard to be met at the time of naturalization than GC? I thought traffic tickets dont matter (and they certainly did not at the I-485 GC stage)......
 
This IS getting to be quite a gloomy thread because it initially began with ALERT FOR LAWFUL PERMANENT RESIDENTS WITH CRIMINAL RECORDS.... and we got to who knows..... All I can say is that I am glad I ran in to that PDF and the NYSDA Immigrant Defense Project . I have contacted them yesterday and they are amazing. They really know their stuff and made clear for me quite a few things. On that note I recommend anyone who has been denied citizenship due to a past anything to give them a call. They are incredibly helpful and extremely knowledgeable of the laws. Not sure if there are state chapters but I called the NY office.
 
Read this

I can't help but stress to call the Defense Immigration Project- this is a team of lawyers for lawyers who work very hard to interpret and post up to date info on the laws as they pertain to Citizenship and past crimes. They also gave me an indication as to why New York is so backed up and the next steps for me to take in order to move forward with my case. This is more information that I received from any other lawyer I have spoken to so far, An excellent and voluble tool not just for lawyers but immigrants- they have a hotline for immigrants: http://www.nysda.org/NYSDA_Resources/Immigrant_Defense_Project/immigrant_defense_project.html
Good luck to all of you
and keep the faith!!!!!!!
 
Thanks to all, esp. for clarifying the change to the N400 form. Next question: Can one get these "court records" etc. without actually spending a day going out to the place(s)? Where I live, they are nice, helpful people, but it still means a lost day. Sorry to not know these things, but like someone said above, that's the sum total (thank heaven!) of my experience of interaction with the courts, police etc.
 
I just called the Immigration Defense Project lawyers. they gave me a lot of good and helpful hints. they answer right away and very precisely! (talking to them 3000 miles away is much easier than calling my lawyer who is hard to find and schedule an appointment with! :D
basically they said:
1- I m not deportable (what a relief to hear that again and again!!)
2- the may (depending on the mood) consider that having a court restraining order is a reason of bad moral character and deny my N400
3- in case of denial, I can always appeal it and basically chances to win my case are high if I support my claims with other positive factors that would out balance the negative one. I got tons of those: pay taxes, letter from my university advisor, former employer. I even saved somebody's life when she almost drawned in the ocean after she was bitten by a shark while awaiting for the rescue helicopter to airlift her to the hospital, add to it community services, blood donation,etc... isn't this enough?

as boby said: .....don't give up the fight!!
 
MSG to usasf99 Please read this

I dont know if the Defense Project mentioned this but you only have a 30 day window for an Administrative Appeal- I believe that is 30 days after you receive your denial letter Heads up: The NY office sent my denail letter (or claimed to have sent it ) a year after my interview- I never received it. That makes me ineligible to request an Admin Appeal-How convenient is that for them? I would, if I were you, contact your local INS- and stay on top of them. I checked in with them periodically and they told me over and over my decision was not made even though it was in fact made and a letter was supposodely sent.
 
mnnyc,

they did not mention anything about 30 day admin appeal because my case is still in the INS hands and I guess still thinking whether to deny of grant.
should I call national customer service center at the 800 # or go in person to my DO or call the DO or what?
when should I call and ask about my case outcome cuz as of now, they are examining my last correspondance? do you think they will tell me whether they granted or denied?
your DO basically lied to you about your decision since you have been calling them all the time... don't you think my DO people would tell me the same thing in case if a denial was already made? is there any credible source?
 
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keet at it usasf99

After the interview they have 120 days to respond- technically -they are supposed to do that but as usual they do not do what they are supposed to to-especially lately-
which is the reason why there are so many on this portal looking for answers.
If the 120 days have passed since your interview you should call the customer service number and tell them that and that you have exhausted all resources, and you wish to speak to an officer. They will put you with a "specialist" you can go through the song and dance with that person and request to speak with an officer. It won't be the officer that interviewed you but it will be some kind of immigration officer- you will speak with. The other choice is to go online and get an info pass to see them in person to see whats taking so long. I did that. I got an info pass for the same day. Got in a cab and went down to the office. That is how I found out they has sent a denial letter a year ago!!!!!!! Good luck
 
thank you mnnyc for the info... in case I don't hear from them, I will proceed the way you recommended. I m getting ready for the worst case scenario and will fight if I don't get approved because I deserve to be naturalized... don't wanna drag my woman forever :D and I believe I behaved better than a lot of US born people during my stay here :D.hopefully I will not have to go through an N336....

can't you fight back for your case? did the denial specify when you may reapply?
 
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Yes I intend to fight for my case. I am also researching filing a class action law suit.
 
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