Applied for Naturalization - Fearing Deportation - Need Advice

[VisaNutz]

I have been an LPR for more than 3 years and applied for naturalization based on my marriage to a USC. Now I am kinda worried that DHS might bring deportation charges against me for some convictions prior to becoming LPR, which they knew about before granting me LPR.

I was convicted of Violation of Order for Protection and Shoplifting in 2001. In April 2002, Border Patrol detained me and brought deportation charges against me based on the violation of OFP [1127(a)(2)(E)(ii)]. During the deportation proceeding I got married to my USC girlfriend. In Apr 05, IJ granted me LPR based on my marriage to USC wife. At that time, both DHS and IJ knew about all of my convictions - since I was asked about them, it's also in my A-file.

Since then, all is well. I have not had any more convictions or arrest or charges (except speeding in 2003). Now we have a son who is a US citizen also.

I was looking into the good moral character issue a little closer, and I realized that 2 or more CIMT is grounds for deportation. Now I know theft is a CIMT. I am not sure if violation of OFP, although by itself is a ground for deportation, is a CIMT. I read about the CIMT and realized that "intent" is an important aspect. I have letters from prosecution and also the arrest records shows that the only part of the OFP I violated was being within two blocks of the subject - no intent to harm anyone. Also, in 2003 (before I was granted LPR), the conviction was expunged and currently there are no records of it.

Now, even if DHS deems my violation of OFP conviction is a CIMT, can they bring deportation charges again under the 2 or more CIMT [1227(a)(2)(A)(ii)] even though all these information was available to them before IJ granted me LPR, and the fact that they have already used one of convictions as grounds for deportation already?

I also found am interim decision #3044 (Matter of OZKOK) where the board upheld the decision that says "A conviction for a crime involving moral turpitude may not support an order of deportation if it has been expunged", matter of Gutnick.

So, is there anything that would prevent DHS from bringing deportation charges once again on conviction that they were aware of before I was granted LPR by IJ?

 

[JohnnyCash]

Wondering why you deleted this thread after posting it...And if I'm not on mistaken then I do remember you having asked similar questions in the past...wherein you were properly answered...

 

[JohnnyCash]

I don't understand why you didn't consult with a reputed immigration attorney before applying for the naturalization. Whenever one has a complicated situation or has an issue, s/he must seek a legal opinion from a reputed attorney before filing any paperwork with INS. Looking for answer later on won't do any good because damage will be done by then.

Now, make sure to take an attorney with you when you would appear for the interview. You don't need to retain an attorney for the whole case; rather just to go with you for the interview so that officer won't drill you enough nor deny you wrongly...or wouldn't force you to spend money/time/agony in filing appeal. It could cost you $200-$400 for the interview. Don't pay more than that. Where do you live?

As for your issues then it's true that shoplifting is a CIMT but whether or not USCIS will try to deport you on this then it would depend on many factors and the criminal statue on this crime in your state. Under immigration laws, shoplifting offense/crime is a deportable offence BUT depends on what criminal statute of your particular State tells on this crime. Many people were deported for committing this crime; while there are many people who were able to become US citizen without a problem. Also, it depends on each particular interviewing officer. Some officers are easy-going than others. I've seen some people in a similar situation were deported for shoplifting; whole some people were able to become a US citizen without a hitch in the very same district office. So, go figure.

As for violation of Restraining Order then it's also a deportable crime for sure BUT there is waiver available. Waiver: Under INA § 237 (a)(7), the Attorney General may waive the application of this ground for removal if the alien has been battered or subject to extreme cruelty if he finds that: (1) the alien was acting is self defense; (2) the alien was found to have violated a protection order intended to protect the alien, or (3) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury; and where there was a connection between the crime and the alien's having been battered or subjected to extreme cruelty.

Violation of restraining order is not CIMT. So, you don't need to worry about committing two CIMT in order to be deported for sure. Also, it seems you don't need to worry about violation of restraining order either because USCIS and immigration -court knew about you having violated the restraining order prior to granting LPR to you. It seems deportability on this offense was waived in your case; otherwise it was not possible for you to have obtained LPR because of violating a restraining order.

You should also know that if the immigration judge rules that the alien is removable, the alien can appeal the judge’s decision to the Board of Immigration Appeals ("BIA"). The alien has 30 days from the date of the judge’s decision to appeal to the BIA. The BIA will review the immigration judge’s legal matters anew under the de novo standard. The BIA reviews the immigration judge’s factual matters with the highly deferential, clearly erroneous rule. If the BIA upholds the alien’s removal order, the alien can appeal to the United States Federal Court of Appeals. Finally, if the Appeals Court rules against the alien, the alien can appeal to the United States Supreme Court. This appeal process may take several years to complete.

Hire a very good attorney as soon as possible. You at least now have time to look for a very good attorney so that you know whom to contact when time will come.

Good luck...