Charged of a crime, convicted of a violation: will I become a Citizen? any problems for GC renewal?

roberto gasta

Registered Users (C)
Hi,

I am a US residence since 2005, in 2009 I was arrested for patronizing a prostitute;

at hearing the judge offered a "deal" to apply guilty of a violation wich I accepted,
I had no probation time only a fine was applied.

Next September I can apply for Citizenship, will my case be denied?

If I have little chances to get a positive result for my N400, then I rather just NOT APPLY for Citizenship and save filing fees + attorney fees

But then when I renew my GC will I encounter any problems,

Please advice, any suggestion or personal experience will help a lot.

Thank You.
 
Hello Dafortycal,

Can you to stop being MEAN people?? Everyone comes here to get help not to have someone like you talk to them they way you do. I have sent a message to the appropriate people for them to review all of your posts so they can see that you are being an A-hole to people on this site. My best wishes to you and your family. I'm sorry for whatever happend in your past that makes you the way you are.
 
Last edited by a moderator:
I'm sorry, I was under the impression that people preferred the truth. Maybe I should have reminded him that his crime is could be considered a CIMT in my areas of the country. So, he better hope that he doesn't get a second CIMT. I'm pretty sure that it wasn't his first time with a call girl.
Make you a deal, I will be nicer when you stop giving bad information.

BTW... The amount of the fine doesn't matter.
 
Last edited by a moderator:
you're screwed! Kiss you GMC goodbye for a few years.

SCrewd for WHAT??

my convicion is only for a violation and is not a CIMT; I tell you more, for Naturalization purposes it does not interrupt Good moral Character eithr if its the only conviction,

My question regards renewal: are the concepts for renewal the same as the citizenship?
 
SCrewd for WHAT??

my convicion is only for a violation and is not a CIMT; I tell you more, for Naturalization purposes it does not interrupt Good moral Character eithr if its the only conviction,

My question regards renewal: are the concepts for renewal the same as the citizenship?

this is most probably CIMT. you can try and if you are rejected you should wait for at least 5yrs from the date of conviction before applying again.
 
If you were arrested and finger printed at the precint then you will have trouble getteing renew you GC. But, my best advise is that you should seek advise to very good immigration attorney ASAP. Good luckmy friend.
 
I'm not into deal making with someone who claims they have deported people.

I never deported a single person, only a Immigration Judge or a District Director has that power. I did the arresting, prepared the charging document, and put them on the plane. :)
 
If you were arrested and finger printed at the precint then you will have trouble getteing renew you GC. But, my best advise is that you should seek advise to very good immigration attorney ASAP. Good luckmy friend.

Here is some free advice, read the application and don't lie about the arrest. That is all a lawyer will tell you, anything else might cause him to be disbarred.
 
My advice, hire a lawyer. Your crime is a CIMT, people with GMC don't seek out the services of whores.

And WHO THE HELL ARE YOU to state that?

My original CHARGES were a CIMT, but the conviction is way far from a CIMT;

The adjudicator manual that Immigration officer use to make a decision does not state that a single conviction preclude someone to be denied citizenship,
 
Hi,

I am a US residence since 2005, in 2009 I was arrested for patronizing a prostitute;

at hearing the judge offered a "deal" to apply guilty of a violation wich I accepted,
I had no probation time only a fine was applied.

Next September I can apply for Citizenship, will my case be denied?

If I have little chances to get a positive result for my N400, then I rather just NOT APPLY for Citizenship and save filing fees + attorney fees

But then when I renew my GC will I encounter any problems,

Please advice, any suggestion or personal experience will help a lot.

Thank You.

Two things come to mind. A waiver and a technicality. I don't have a source but I remember reading somewhere that if someone signed a plea bargain and it was not explained to them in writing that the plea bargain may have immigration consequences then CIS was not allowed to use that conviction/arrest in most cases against the applicant. Did your plea bargain mention immigration consequences or did they forget to inform you?

Regarding the waiver though you might want to wait X amount of years and prove good moral character i.e. not get arrested for a CIMT again. Not sure when your green card expires either. Anyway, here's a little bit about the waiver, seems like it's a pretty common one for vice:

An excerpt:

Criminal Grounds

* The applicant may apply for a Waiver of Ground of Inadmissibilty on Form I-601 if they have been found to be inadmissible for: (1) a crime involving moral turpitude (other than a purely political offense); (2) a controlled substance violation according to the laws and regulations of any country as long as it relates to a single offense of simple possession of 30 grams or less of marijuana; (3) two or more convictions (other than purely political ones), for which the combined sentences of confinement were five years or more; (4) prostitution; (5) unlawful commercialized vice whether or not related to prostitution; or (6) being an alien involved in serious criminal activity, who has asserted immunity from prosecution.[6]
* The applicant must establish that they are inadmissible only because of participation in prostitution (including having procured others for prostitution or having received the proceeds of prostitution), but that they have been rehabilitated and their admission will not be contrary to the national welfare, safety or security of the United States[6]

http://en.wikipedia.org/wiki/United_States_Waiver_of_Inadmissibility
 
It all depends on the charges and max jail time possible for the charges even if no time was served in jail. I think it reflects your character for naturalization purpose.

Renewing GC with this conviction will not have any issue as this is not a crime of violence or DRUGS.

You still have chances to fight your case for Naturalization but consult an attorney. Usually attorneys know but they try to scare people to get money from them.

In my opinion two Options:

1.) On March 31, 2010, the Court ruled that criminal defense attorneys do have an obligation to inform their clients if a guilty plea carries a risk of immigration consequences. (search for Padilla v. Kentucky)

2.) A single conviction where max jail time is 6 months or less (even if no time served), is considered petty offence. (search petty offence exception).
 
1.) On March 31, 2010, the Court ruled that criminal defense attorneys do have an obligation to inform their clients if a guilty plea carries a risk of immigration consequences. (search for Padilla v. Kentucky)

Does this apply to criminal defence attorneys only or does it apply to prosecuting attorneys as well as judges who neglect to inform the perpetrator of immigration related consequences of any plea bargain?
 
Top