Arrested and worry

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worry08

New Member
Hello everyone, I am very :( depressed because I would like to apply for citizenship But I have a lot of questions since I was arrested. I went to my friends house because he owed me money. I sold him a car stero and some rims. He told me he was not going to pay me because he did not have money and to stop bothering him, it was more than $1,500 that he owed me. Well, I couldn't believe what he told me and I started by punching him on his face and all over his body. We started fighting and his wife called the police. He lied and said that I went to his work to threaten him and then I went to his house and start fighting him. I was arrested because the officers did not found the stereo or rims and they thought I made that up to fight him. I was handcuff and arrested. It was for battery misdemeanor. I was there for 3 hours and was given a paper to go to court. When I went to court, he went to press charges. I had to pay a lawyer $1000.00 so he could help me because I was worry about my immigration status. The lawyer told me to plead guilty because there was nothing else to do since the other person showed to press charges. I did and was sentence for one year supervision, the paper says supervision and not probation. This incident happen two years ago, and my supervision will be up in July. Now, that you know my story. I would like to know if you could help me in answering the following questions. and if I should wait for my complete my supervision before submitting my application. I am very worry because I have not had any incidents before, not even in driving. I was clean until last yeat. I am depressed because I want to get my citizenship so my wife can become a resident. I have been to two lawyers and they want to charge more than $1200. I do not have the money now, for that reason I am here and hopefully I can get help from somebody. Thank you.

Have you ever committed a crime or offense for which you were NOT arrested?
Have you ever been arrested, cited or detained by any law enforcement officer?
Have you ever been charged with committing any crime or offense?Have you ever been convicted of any crime or offense?
Have you ever been placed in an alternative sentencing or rehabilitative program?
Have you ever received a suspended sentence, been placed on probation, or been paroled?
Have you ever been in jail or prison?
 
I think you need to wait for 5 years.USCIS requires 5 yra of good moral character. May be you can apply in 2012. By the time your interview comes it will be 5 years after the end of probation. Don't get in any more trouble. Just walk away from situation. And don't go out of country.They may be risk.
 
My BS meter just pegged at 10. Maybe I'm being overly sensitive due to the avalanche of drivel that I've had to wade through recently, but your post appears rather suspect. My apologies in advance, if that is not the case.

If you are being serious, I'd strongly advise you to consult an immigration attorney before submitting an N-400 application to USCIS. At the very least, you must have completed your probationary period, and the original offense must have occurred outside the 5yr CIMT window before you will be eligible to naturalize.

Furthermore, certain convictions cause you to become deportable, and under certain circumstances, assault can be one of them. I'm not an attorney, so I can't say for sure how deep a hole you're standing in.

http://www.callyourlawyers.com/pdfcaselaw/Conviction_removal_Checklist.pdf
http://www.serottelaw.com/cross-border.php
 
I would have to agree with boatbod. I think your case is a lot more complicated than you think for the reasons that not only were you arrested, but you were actually CONVICTED of the offense. I'm not sure how the USCIS views a difference between a misdemeanor assault vs. a felony.

Also, I'm not so certain that there's a 5 yr statute of limitation for reporting arrests/convictions to the USCIS. After all, the questions on the application say "Have you EVER been arrested/convicted etc."... and not "have you been arrested/convicted in the last 5 years".

Neither one of us here are immigration attorneys, and your best bet would be to actually hire an attorney. I know the money maybe steep, but look at it this way... if you file your N-400 and your case gets turned down, as boatbod said, you could end up getting deported! In that case, you might be better off just remaining a PR instead of becoming a citizen until you can cough up the dough to hire an attorney or until the law changes.
 
May be you should post your question to Rajeev Khannaji during his conference calls. He is very helpful and patient. Since he is the lawyer and since your case is much complicated, you shd probably contact him.

Best part is, his conference call will not cost you a dime. He does this as a service to the community.

All the best.
 
Rwickra said:
I'm not sure how the USCIS views a difference between a misdemeanor assault vs. a felony.
Click to expand...

Immigration law sets its own standard for what constitutes "a conviction for immigration purposes". Furthermore, something that might be a misdemeanor under state law, can still be considered a far serious offense under immigration law. There is also the issue of plea bargaining, which in USCIS eyes is equivalent to admitting guilt to the ORIGINAL CHARGES, even if they are far more severe than your eventual criminal conviction.

Professional help should be considered mandatory here.
 
Thank you so much for your responses, now I am more worry because I did not know about the 5 years. Can somebody give me more info about Rajeev Khannaji conferences, when, what time ?
 
Where Is The Dream......

I may be wrong and may offend a lot of people by saying the following, but I just have to say it because I really feel bad and not angry.

So...you were in a fight about two years ago for $1500...........Now, you dont have $1200 to pay for a lawyer.........You want to file for citizenship so you can bring your spouse........

My friend, you must have come to this country a few years ago, that is why you are eligible for citizenship. My question to you is that majority of people come to the land of opportunity because they dont have opportunity anywhere else. Others come for fun, some for education, some for family etc etc.... What really brought you to this country and what happened to you that two years ago you fought with someone for $1500 and now you don't have $1200 for a lawyer.......And on top of that you wanna bring your spouse here. I know that having a citizenship will help you with travel, federal jobs and vote......It will not help you get that $1500 or $1200, that you could have easily gotten with a green card by working hard and saving money....one of the reasons you came to this country....

I am sorry, but I dont know your circumstances since you got your green card, may be bad luck or incidents in your life that prevented you from making and saving money, but I know one thing for sure in your case that if I were you I wouldnt be too worried getting a citizenship right now, rather I would be interested in finding a good job, work two shifts, save money and be responsible.......As far as your spouse is concerned, I think or guess that she must be in a better situation back home than here. Give yourself a couple of years...go visit her every year...take care of the issues and then either bring her here or you move back with some money in your pocket.

Once again I apologize if I am wrong, but it's something I would do......


*****I am not a lawyer, so do not take my advice on this issue, please consult a lawyer****
 
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