I had an AOS interview in Nov. 2, 2005. On Dec. 26, 2005, I was arrested and charge/convicted of penal code 11550 (a), under the influence of a controlled substance (meth). They approved my application and I received my GC on March 2006. In 2008 the charges was already dismissed/expunge through DEJ since this was my first and only one problem with the law. I know that this is still a considered a conviction in immigration law. I applied for citizenship and ofcourse I disclosed everything about this arrest and I just had my interview last Oct. 4, 2013. At the interview, the IO asked me if I notified the immigration about this arrest before I receive the GC, since I didn't have the GC yet when I got arrested. I told the IO that I didn't know, I didn't have a lawyer that time and nobody told me that I should notify the immigration about the arrest since it was happened after the application and AOS interview. I also told the IO that I would surely disclose that arrest if it was happened before the application or AOS interview. The IO didn't pay much attention about the arrest during the citizenship interview considering that it was already dismissed but instead, he, I would say made some issue about not telling the arrest before I got the GC. I'm still hanging since they cannot make any decision yet, he need to discuss my case with his supervisor about the citizenship because of the arrest and I expected that, but what's worrying me about is the issue of not telling the arrest before I got the GC. Personally, I would not consider that as a fraud but I'm not sure about what or how are they going to interpret my case. In the end the IO said that they will notify me by mail about the oath taking. Is there anybody who can share with their opinion about this case of mine? Thank you very much.
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Arrest after AOS interview
- Thread starter padymz05
- Start date
Jackolantern
Registered Users (C)
The key considerations are:
1. Is it a deportable offense?
2. Would USCIS have denied your green card if they knew about the offense during the AOS process?
If the answer to either is Yes, your naturalization won't be approved.
If you notified them about the conviction when your AOS was pending and they still (mistakenly) approved your GC anyway, they would be unable to revoke your GC now because it's past the 5 year statute of limitations. But since you didn't notify them before GC approval, the 5-year limitation won't protect you from deportation.
1. Is it a deportable offense?
2. Would USCIS have denied your green card if they knew about the offense during the AOS process?
If the answer to either is Yes, your naturalization won't be approved.
If you notified them about the conviction when your AOS was pending and they still (mistakenly) approved your GC anyway, they would be unable to revoke your GC now because it's past the 5 year statute of limitations. But since you didn't notify them before GC approval, the 5-year limitation won't protect you from deportation.
The key considerations are:
1. Is it a deportable offense?
2. Would USCIS have denied your green card if they knew about the offense during the AOS process?
If the answer to either is Yes, your naturalization won't be approved.
If you notified them about the conviction when your AOS was pending and they still (mistakenly) approved your GC anyway, they would be unable to revoke your GC now because it's past the 5 year statute of limitations. But since you didn't notify them before GC approval, the 5-year limitation won't protect you from deportation.
What if OP defend himself by saying there is no procedure mandating him to report anything between AOS interview
and approval?
Jackolantern
Registered Users (C)
What if OP defend himself by saying there is no procedure mandating him to report anything between AOS interview
and approval?
That may work for defending against an accusation of fraud.
But if it's a deportable offense, or if USCIS would not have approved the green card if they knew of the offense, that's enough to revoke the green card even without fraud, because either one means ineligibility for the green card.
That may work for defending against an accusation of fraud.
But if it's a deportable offense, or if USCIS would not have approved the green card if they knew of the offense, that's enough to revoke the green card even without fraud, because either one means ineligibility for the green card.
Actually there is a trick here. during AOS, it is inadmissibility criteria not deportability criteria that matters.
Inadmissibility and deportability are mostly same but not completely. if the offense is deportable but not inadmissible
, the applicant can still get the GC and after getting the GC, the slate is wiped clean and USCIS can not use
pre-GC deportable yet still admisisble offfense to deport the person;otherwise it can create a perpetual loop
matter of rainford: http://www.justice.gov/eoir/vll/intdec/vol20/3191.pdf
Matter of RAINFORD , 20 I&N Dec. 598 (BIA 1992), holding that although a respondent convicted of criminal possession of a weapon is deportable under section 241(a)(2)(C) of the Act, 8 U.S.C. § 1251(a)(2)(c) (Supp. II 1990), such a conviction does not preclude a finding of admissibility in connection with an application for adjustment of status and does not serve subsequently as a ground of deportability if the respondent's status is adjusted to that of a lawful permanent resident. Matter of Rafipour , 16 I&N Dec. 470 (BIA 1978), followed; Matter of V- , 1 I&N Dec. 273 (BIA 1942), distinguished)
But in case of OP, the offense can be both inadmissible and deportable
inadmissibility
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#visa
deportability
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html
That may work for defending against an accusation of fraud.
But if it's a deportable offense, or if USCIS would not have approved the green card if they knew of the offense, that's enough to revoke the green card even without fraud, because either one means ineligibility for the green card.
What OP is saying is that his AOS was approved, but he did not take possesion of his GC until five month later. Meantime, a month and a half after his GC was approved, he was charged, although unclear with what.
Now, there are two questions for Naturalization:
1) Was this a CMT?
2) Is it deportable offence?
What OP is saying is that his AOS was approved, but he did not take possesion of his GC until five month later. Meantime, a month and a half after his GC was approved, he was charged, although unclear with what.
Now, there are two questions for Naturalization:
1) Was this a CMT?
2) Is it deportable offence?
OP did not say the incidence was after AOS approval and receiving actual card. If it was
after AOS arrpoval, then GC was obtained fair and squared but the deportability is the
issue here.
Controlled substance violation is a deportable offense with teh exception of a single time possession of
marijunna less than 30 gram. In OP's case, it is meth not marijunna so it is not an exception
regardless of teh amount
Jackolantern
Registered Users (C)
What OP is saying is that his AOS was approved, but he did not take possesion of his GC until five month later.
From the entire context and content of the first post, it appears the arrest was while the AOS was pending.