242-243-convict
Registered Users (C)
(ID 3537)
Renato Wilhemy SANUDO, 23 I&N Dec. 968 (BIA 2006)
(1) An alien’s conviction for domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not qualify categorically as a conviction for a “crime involving moral turpitude” within the meaning of section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii) (2000).
(2) In removal proceedings arising within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, the offense of domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not presently qualify categorically as a “crime of violence” under 18 U.S.C. § 16 (2000), such that it may be considered a “crime of domestic violence” under section 237(a)(2)(E)(i) of the Act. Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006), followed.
-------------------------------
Myself unfortunately had an 242/243(e) (originally charged with California PC 273.5) conviction in Aug 2000, completed all court's orders, including probation, and had the expungement in Nov 2003. I filed i485 in 2000, disclosed the conviction in the i485 interview, and was adjusted, got the green-card. I also have travelled outside the US several times per year since getting the green-card.
My spouse also had an 242/243(a) conviction in May 1998, completed all court's orders, including probation, and had the expungement in Nov 2001. My spouse filed i485, disclosed the conviction in the i485 interview in 2001, and was adjusted, got the green-card in 2001.
We are applying for N400 Naturalization, and will post updates, as I know some people are also looking for info, or just "peace of mind."
------------------------------
----SPOUSE------------------
N 400 San Jose DO
Application Sent - 07/21/06, Received 07/24/06
CheckCashed - 08/02/06
Receipt ND - 08/09/06, PD - 07/24/06
Online status appeared - 09/09/06
FP ND - 08/10/06 APPT- 08/19/06 WalkIn FP Done - 08/12/06
IV letter date - 11/15/06 Received 11/20/06
ID - 01/10/07 @ 7:50 AM
Interview passed 01/10/07, interview lasted less than 15 minutes, IO just reviewed the application, ask several civic questions, then asked to write a simple sentence. No abnormal emphasis on the PC 241/242(a) conviction, nor tax records, nor multiple out-of-country trips (total 480 days, but no single trip more than 180 days.)
Enquired about changing name, but SJ DO does not offer it any more.
N652 issued, with 2 lines checked:
. You passed the tests of English and U.S. history and government,
. Congratulation! Your application has been recommended for approval. At this time, it appears tat you have established your eligibility for naturalization. If final approval is granted, you will be notified when and where to report for the Oath Ceremony.
IO says Oath in a month
Oath letter received 02/24/07, was sent 02/20/07
OD - 03/21/07 - DONE - Got certificate of Citizenship.
So for my case, it is possible to complete the citizenship process with a 242/243(a) conviction. No lawyer needed.
Online status disappeared - anyday now after 11/21/06
It is still says case Pending as of May 05 2007
---- FOR COMPARISON --------
N 400 San Jose DO - Anami
Application Sent - 07/21/06, Received 07/24/06
CheckCashed - 07/28/06
Receipt ND - 08/01/06, PD - 07/24/06
FP ND - 08/02/06 APPT- 08/25/06 WalkIn FP Done - 08/11/06
Interview Notice date - 11/15/2006
Interview date - 01/09/2007
OD -
----SELF -------------------
N 400 San Jose DO
Application Sent - 08/14/06, Received 08/16/06
CheckCashed - 08/23/06
Receipt ND - 09/10/06 - , PD - 09/16/06
Online status appeared - 09/10/06
FP ND - 09/15/06 APPT- 09/26/06 WalkIn FP Done - 09/16/06
Call FBI - 09/18/06 @ 304 625 2000 - FP received: 09/16/06 - FP processed: 09/17/06 - FP sent back to USCIS: 09/18/06
IV letter date - 12/05/06 Received 12/08/06
ID - 02/15/07 @ 7:50 AM
Interview passed 02/15/07, interview lasted less than 10 minutes, IO just reviewed the application, showed a sheet of several civic questions, then asked to write a simple sentence. Noticed about PC 241/242(e) conviction, said that he cannot make a decision, and needed a supervisor review, however, he said he is recommending for approval. IO also said it might take awhile, since there are many cases with 'criminal records' in the system, then joked about our records. I have nothing to say, but just commented that it was unfortunate that we had our 'not finest' moments in life, but we have since learned, and still continue to improve ourselves.
N652 issued, with 2 lines checked:
. You passed the tests of English and U.S. history and government,
. Adecision cannot be made at this time ...
InfoPass 03/28/2007: Case still pending, been transfered to another officer to review on 03/20/2007. Expect 90-day wait.
sidenote. There is a citizenship ceremony at San Jose DO today.
Oath letter received 04/28/07, was sent 04/24/07
OD - 05/23/07.
So far so good. The process seems slower than some of the people, but there seems some others with similar PD that still did not get the interview yet. I have been contacted by at least two people with CA PC 242/243 convictions, and they have all succeeded getting through the process withing the timelines similar to ours (no status from them though, but they have stopped emailing me, so I assumed they are all ok.)
No lawyer involved at all. I actually tried to contact several laywers to discuss options, like: going back to court to have the conviction vacated ... most of the lawyers did not return call, some wanted some money before talking.
I did lots of research on post conviction options, and collected all possible court records, even the transcrripts of all conversations of court process ... none was used, but I feel better that way.
I finally was able to contact Mr. Christopher J. Todd, the counsel who argued successfully the Ortega-Mendez case. He was very kind to assure me that the law is better with the case, and just go ahead with the naturalization process.
I took the Oath and become a US citizen on Wednesday, May 23, 2007 at the Cambell Heritage Center at 10AM. The MC is the officer who interviewed me ... the whole thing lasted about 40 minutes , showed up, lined up to get in, gave the officer the letter, and also the greencard... we watched some movies, listened to several speakers on registration to votes in 4 languages: English, Vietnamese, Spanish, and Mandarin Chinese. We then sang the Stars Sprangled Banners, took the Oath, and listened to a newly minted US Citizen who came from a small town in India, who now works as a physician in the area. After that officers went to each row to give out certificate.
The officer gave my certificate to the one before me (I think my got sticked to his,) then told me, "I don't have your certificate"
... fortunately the one before me check,a nd gave him back mine ... so that is it for me.
I drove away, getting back to work, and ready to deal with some other challenges.
---- FOR COMPARISON TO SELF ---
CSC/San Jose DO
PD : Aug 17 2006
FP date: walk in on Sep 16th/ sched for Sep 20
IV @ San jose do : Feb 15 2007
oath letter: Feb 24th
oath: Mar 21st
Renato Wilhemy SANUDO, 23 I&N Dec. 968 (BIA 2006)
(1) An alien’s conviction for domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not qualify categorically as a conviction for a “crime involving moral turpitude” within the meaning of section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii) (2000).
(2) In removal proceedings arising within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, the offense of domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not presently qualify categorically as a “crime of violence” under 18 U.S.C. § 16 (2000), such that it may be considered a “crime of domestic violence” under section 237(a)(2)(E)(i) of the Act. Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006), followed.
-------------------------------
Myself unfortunately had an 242/243(e) (originally charged with California PC 273.5) conviction in Aug 2000, completed all court's orders, including probation, and had the expungement in Nov 2003. I filed i485 in 2000, disclosed the conviction in the i485 interview, and was adjusted, got the green-card. I also have travelled outside the US several times per year since getting the green-card.
My spouse also had an 242/243(a) conviction in May 1998, completed all court's orders, including probation, and had the expungement in Nov 2001. My spouse filed i485, disclosed the conviction in the i485 interview in 2001, and was adjusted, got the green-card in 2001.
We are applying for N400 Naturalization, and will post updates, as I know some people are also looking for info, or just "peace of mind."
------------------------------
----SPOUSE------------------
N 400 San Jose DO
Application Sent - 07/21/06, Received 07/24/06
CheckCashed - 08/02/06
Receipt ND - 08/09/06, PD - 07/24/06
Online status appeared - 09/09/06
FP ND - 08/10/06 APPT- 08/19/06 WalkIn FP Done - 08/12/06
IV letter date - 11/15/06 Received 11/20/06
ID - 01/10/07 @ 7:50 AM
Interview passed 01/10/07, interview lasted less than 15 minutes, IO just reviewed the application, ask several civic questions, then asked to write a simple sentence. No abnormal emphasis on the PC 241/242(a) conviction, nor tax records, nor multiple out-of-country trips (total 480 days, but no single trip more than 180 days.)
Enquired about changing name, but SJ DO does not offer it any more.
N652 issued, with 2 lines checked:
. You passed the tests of English and U.S. history and government,
. Congratulation! Your application has been recommended for approval. At this time, it appears tat you have established your eligibility for naturalization. If final approval is granted, you will be notified when and where to report for the Oath Ceremony.
IO says Oath in a month
Oath letter received 02/24/07, was sent 02/20/07
OD - 03/21/07 - DONE - Got certificate of Citizenship.
So for my case, it is possible to complete the citizenship process with a 242/243(a) conviction. No lawyer needed.
Online status disappeared - anyday now after 11/21/06
It is still says case Pending as of May 05 2007
---- FOR COMPARISON --------
N 400 San Jose DO - Anami
Application Sent - 07/21/06, Received 07/24/06
CheckCashed - 07/28/06
Receipt ND - 08/01/06, PD - 07/24/06
FP ND - 08/02/06 APPT- 08/25/06 WalkIn FP Done - 08/11/06
Interview Notice date - 11/15/2006
Interview date - 01/09/2007
OD -
----SELF -------------------
N 400 San Jose DO
Application Sent - 08/14/06, Received 08/16/06
CheckCashed - 08/23/06
Receipt ND - 09/10/06 - , PD - 09/16/06
Online status appeared - 09/10/06
FP ND - 09/15/06 APPT- 09/26/06 WalkIn FP Done - 09/16/06
Call FBI - 09/18/06 @ 304 625 2000 - FP received: 09/16/06 - FP processed: 09/17/06 - FP sent back to USCIS: 09/18/06
IV letter date - 12/05/06 Received 12/08/06
ID - 02/15/07 @ 7:50 AM
Interview passed 02/15/07, interview lasted less than 10 minutes, IO just reviewed the application, showed a sheet of several civic questions, then asked to write a simple sentence. Noticed about PC 241/242(e) conviction, said that he cannot make a decision, and needed a supervisor review, however, he said he is recommending for approval. IO also said it might take awhile, since there are many cases with 'criminal records' in the system, then joked about our records. I have nothing to say, but just commented that it was unfortunate that we had our 'not finest' moments in life, but we have since learned, and still continue to improve ourselves.
N652 issued, with 2 lines checked:
. You passed the tests of English and U.S. history and government,
. Adecision cannot be made at this time ...
InfoPass 03/28/2007: Case still pending, been transfered to another officer to review on 03/20/2007. Expect 90-day wait.
sidenote. There is a citizenship ceremony at San Jose DO today.
Oath letter received 04/28/07, was sent 04/24/07
OD - 05/23/07.
So far so good. The process seems slower than some of the people, but there seems some others with similar PD that still did not get the interview yet. I have been contacted by at least two people with CA PC 242/243 convictions, and they have all succeeded getting through the process withing the timelines similar to ours (no status from them though, but they have stopped emailing me, so I assumed they are all ok.)
No lawyer involved at all. I actually tried to contact several laywers to discuss options, like: going back to court to have the conviction vacated ... most of the lawyers did not return call, some wanted some money before talking.
I did lots of research on post conviction options, and collected all possible court records, even the transcrripts of all conversations of court process ... none was used, but I feel better that way.
I finally was able to contact Mr. Christopher J. Todd, the counsel who argued successfully the Ortega-Mendez case. He was very kind to assure me that the law is better with the case, and just go ahead with the naturalization process.
I took the Oath and become a US citizen on Wednesday, May 23, 2007 at the Cambell Heritage Center at 10AM. The MC is the officer who interviewed me ... the whole thing lasted about 40 minutes , showed up, lined up to get in, gave the officer the letter, and also the greencard... we watched some movies, listened to several speakers on registration to votes in 4 languages: English, Vietnamese, Spanish, and Mandarin Chinese. We then sang the Stars Sprangled Banners, took the Oath, and listened to a newly minted US Citizen who came from a small town in India, who now works as a physician in the area. After that officers went to each row to give out certificate.
The officer gave my certificate to the one before me (I think my got sticked to his,) then told me, "I don't have your certificate"
... fortunately the one before me check,a nd gave him back mine ... so that is it for me.I drove away, getting back to work, and ready to deal with some other challenges.
---- FOR COMPARISON TO SELF ---
CSC/San Jose DO
PD : Aug 17 2006
FP date: walk in on Sep 16th/ sched for Sep 20
IV @ San jose do : Feb 15 2007
oath letter: Feb 24th
oath: Mar 21st
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