Citizenship and arrests

kukush

Registered Users (C)
Hi everybody,
i would like to ask if anybody can advise me something on my case.
Here is my story:

I was arrested 3 times,
first arrest was: loitering for drugs (found guilty in 2007)
second arrest was Public intoxication (pleaded guilty in 2008)

I applied for citizenship in 2010, and I was denied but in a letter of desicion was written that i am eligible and i can reapply in feb. 2012.
But, a couples weeks ago i was arrested again for public intoxication......:(
I have a green card till 2014, and now i dont even know if immigration will even renew my green card,
If anybody can advise me something, please do!
 
Hi everybody,
i would like to ask if anybody can advise me something on my case.
Here is my story:

I was arrested 3 times,
first arrest was: loitering for drugs (found guilty in 2007)
second arrest was Public intoxication (pleaded guilty in 2008)

I applied for citizenship in 2010, and I was denied but in a letter of desicion was written that i am eligible and i can reapply in feb. 2012.
But, a couples weeks ago i was arrested again for public intoxication......:(
I have a green card till 2014, and now i dont even know if immigration will even renew my green card,
If anybody can advise me something, please do!

What exactly was the 2007 "loitering for drugs" conviction? In which state did it happen? What exactly were the charge and the statute under which you were convicted?
 
It was in georgia, offense: loitering for drugs, 24 hours of community service and 12 months of probation.
 
Hi everybody,
i would like to ask if anybody can advise me something on my case.
Here is my story:

I was arrested 3 times,
first arrest was: loitering for drugs (found guilty in 2007)
second arrest was Public intoxication (pleaded guilty in 2008)

I applied for citizenship in 2010, and I was denied but in a letter of desicion was written that i am eligible and i can reapply in feb. 2012.
But, a couples weeks ago i was arrested again for public intoxication......:(
I have a green card till 2014, and now i dont even know if immigration will even renew my green card,
If anybody can advise me something, please do!

You need to stay out of drugs and alcohol...Everything should take care themselves. Good luck
 
It was in georgia, offense: loitering for drugs, 24 hours of community service and 12 months of probation.


I mean: what was the name/number of the specific statute under which you were convicted? Was it a state criminal statute? Or a local municipal ordinance?

The reason I am asking is that I am trying to understand if that conviction made you technically deportable.

Under USC 8.12.II.IV.1227(a)(2)(B)(i) drug-related convictions can make an alien deportable:
"(B) Controlled substances
(i) Conviction Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable."
See http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html

To understand if the above provision applies to you, one would have to look at the precise language of the statute under which you were convicted.
 
im trying to find it in papers....but th only thing i found is :" violating the georgia controlled substances act" , "misdeminor loitering"
and as immigration wrote in denial of citizneship, i will be eligible to apply for citizenship in 2012, so i assume they counted 5 years since the conviction for loitering. My bigest concern is my recent public intoxication....
 
im trying to find it in papers....but th only thing i found is :" violating the georgia controlled substances act" , "misdeminor loitering"
and as immigration wrote in denial of citizneship, i will be eligible to apply for citizenship in 2012, so i assume they counted 5 years since the conviction for loitering. My bigest concern is my recent public intoxication....

By itself, your latest public intoxication arrest (by the way, have you been convicted for that? have you admitted guilt by paying a ticket?) is not a sufficiently big issue to cause a problem with the green card renewal.
However, in the context of your overall criminal record it may be a problem, depending on the particulars.
I think you need to talk to an immigration lawyer before filing for GC renewal to understand your situation better and to have a better idea of the risk involved.

During a GC renewal they do run a background criminal check, where, presumably, your arrest/conviction record will come up.
It'd be good to find out (and you do need to talk to an immigration lawyer for that) if your drug loitering conviction is a deportable offense.
The fact that your N-400 was denied but they did not initiate deportation proceedings at the time does not imply that your drug loitering conviction is not deportable.
The IO adjudicating an N-400 application has wide discretion in such cases: often they approve N-400 applications even if the applicant is technically deportable (e.g. it applies to people who registered to vote by mistake or misunderstanding); even if the case is denied and there is an underlying deportable offense, the IO who adjudicated the N-400 application does not have to forward the case to ICE for deportation proceedings - and often the IO's don't do that.

If your 2007 drug loitering conviction is a deportable offense, then, when you apply for a GC renewal, the adjudicating officer for your I-90 application will look at your file again and make a decision about whether to renew the GC or to initiate deportation proceedings; the fact that you had a subsequent arrest (your recent public intoxication arrest) would not be a positive factor in this regard.

You'd also have to check if you might be deportable under a different provision, namely USC 8.12.II.IV.1227(a)(2)(A)(ii):

"(ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable. "

I think that public intoxication is not considered to be a crime involving moral turpitude, but ultimately it depends on the specific language used in the statute under which you were convicted.

So, as I said, talking to an immigration lawyer is a good idea in your case.
 
By itself, your latest public intoxication arrest (by the way, have you been convicted for that? have you admitted guilt by paying a ticket?) is not a sufficiently big issue to cause a problem with the green card renewal.
However, in the context of your overall criminal record it may be a problem, depending on the particulars.
I think you need to talk to an immigration lawyer before filing for GC renewal to understand your situation better and to have a better idea of the risk involved.

During a GC renewal they do run a background criminal check, where, presumably, your arrest/conviction record will come up.
It'd be good to find out (and you do need to talk to an immigration lawyer for that) if your drug loitering conviction is a deportable offense.
The fact that your N-400 was denied but they did not initiate deportation proceedings at the time does not imply that your drug loitering conviction is not deportable.
The IO adjudicating an N-400 application has wide discretion in such cases: often they approve N-400 applications even if the applicant is technically deportable (e.g. it applies to people who registered to vote by mistake or misunderstanding); even if the case is denied and there is an underlying deportable offense, the IO who adjudicated the N-400 application does not have to forward the case to ICE for deportation proceedings - and often the IO's don't do that.

If your 2007 drug loitering conviction is a deportable offense, then, when you apply for a GC renewal, the adjudicating officer for your I-90 application will look at your file again and make a decision about whether to renew the GC or to initiate deportation proceedings; the fact that you had a subsequent arrest (your recent public intoxication arrest) would not be a positive factor in this regard.

You'd also have to check if you might be deportable under a different provision, namely USC 8.12.II.IV.1227(a)(2)(A)(ii):

"(ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable. "

I think that public intoxication is not considered to be a crime involving moral turpitude, but ultimately it depends on the specific language used in the statute under which you were convicted.

So, as I said, talking to an immigration lawyer is a good idea in your case.

Thank you so much!!! i will try to find a good attorney!
Does anyone one can recommend any good attorneys in Atlanta?
 
about latest public intoxicaton, i will have court this friday and i dont whats gonna happen there...:((
 
I had the court today, (for the last public intoxication) pled not guilty and the case was dismissed, i just paid the court fees....any ideas if its gonna help?
I just wanted some opinion before i will go to attorney.
 
If you pled not guilty and the case was dismissed, then it sounds like you won, and it is not an issue.
However, it did not make sense to me ... you pled not guilty, and no one challenged the dismissal?
 
to be precise, i didnt plea anything....guilty or not......they just dismissed the case and told me to pay the court fees
 
to be precise, i didnt plea anything....guilty or not......they just dismissed the case and told me to pay the court fees

How did the conversation you had with the DA sound like? For example, did you say I want to plead not guilty or did you say you didn't do it?
Besides court costs, did you pay a fine? What exactly does your court document show??
 
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