Citizenship and criminal background

jen1008

Registered Users (C)
Hi, to whoever with a criminal background and needs a peace of mind,*

I have searched a lot of posts about citizenship and criminal background and it seems people have a lot of concerns and worries about how it can affect their citizenship before they file. However, I rarely found posts about successful stories of getting citizenship with criminal background. Since I'm one of them, I want to share my story to my fellow applicants who, like I used to be, worried sick about denial or even deportation.*

I became a PR in 2004 through marriage. My ex and I seperated a year and half later. But we stayed married until 2010. Technically, I couldn't file for citizenship through marriage anymore since we didn't live together for at least 3 years. Then in 2006, I got arrested for a class A misdemeanor. After I was put into a deferred prosecution, the case was dismissed afterward. I didn't have much knowledge about how it could affect my applying for citizenship, so out of blind optimism and ignorance, I started to file in 2009. Then I found this forum and started to realize how serious it was. I found out that it was actually a conviction in immigration law, that I had to wait 5 years and stay clean to show good moral character, that I have exposed myself by filing and could face deportation, that even if they don't deport me, I could probably not be admitted into the US if I leave this country. I consulted with a immigration lawyer and he suggested I withdrew my application and not to leave this country until 5 year wait is over or they may not let me in again. I did what he suggested. So I waited another 2.5 years and I haven't seen my family for 4 years. I coudn't even tell them why I couldn't go back. It was excruciating.*

I filed again in mid May this year. They started to process my papers in early June. Got my fingerprint in July. Was scheduled my interview at 1230pm on Oct 16 in Greer SC. So now you folks can tell I just finished my interview. Here is what happened. I got there 40 minutes earlier. There were two people before me. At 1230 sharp, he called my name. Before I sat down, he asked me to swear to tell the truth. Then we sit down. I was soooo nervous the whole time and I told him so. He said, no need to be nervous. Then he ran the civic and english test. I passed with flying colors. Then he took out my N-400 papers and started to go through it. He asked, so you have been arrested before? I said yes and prepared for him to ask me more questions. I said, the case was dismissed and the record got expunged so I couldn't find certified documents in the court anymore because they have erased everything. But I brought the copies of all the papers with me. He said, let me see. I handed it to him. He took a brief look and gave it back to me. I said, I have done some voluntary work and took out a reference letter from the lady who organizes the events. He took it and spent about 5 seconds reading it, then gave it back to me without a word. That was it. No more questions about my criminal background. The whole time spent on that issue was no more than 5 minutes, probably less. Then he asked, you also failed to file tax before? I said yes. Note that I also disclosed it on my n400. I said, that was my first time of filing tax here and I didn't know the rules very well. But I have done everything the IRS required. He didn't say anything. Then he just started to ask me the questions on n400 that I'm supposed to say no and yes. I swear I could almost feel he was rushing it. Maybe it was close to his lunch time? Then he checked the box saying congratulations, you are recommended for citizenship and handed it to me. I still couldn't believe it. I looked at the paper in disbelief and asked him, so it means you would recommend me for citizenship. He said, yes. but it could still be changed, I'm not the final decision maker. So you should expect to receive a letter between 1-1.5 months, no more than two months. Then my tears came out and I thanked him. He said, have a good day.*

That was the whole thing. 5 years of waiting and anxiety all ended in a 10 minute life changing interview. Note that this time, I didn't even talk to a lawyer. From the indepth research I have done on Internet, I simply didn't think they would help much by charging an arm and leg, at least for my case. Actually if you talk to them, they will make you worried even more by telling you how bad your case is and it is a must that his service is needed. My advice, be totally honest. In my opinion, they value honesty morn than anything else, of course assuming you are still eligible for naturaluzation under the immigration law. Some crimes are simply barred from it permanently. But if you have misdemeanor like mine, don't worry too much. After 5 years of staying clean, you will have a very positive outcome. And till this day, i still don't know if my crime was CIMT or not. But I guess it doesn't matter anymore. Good luck folks.*
 
Have you taken the oath and received your naturalization certificate yet? Or are you still waiting for the oath letter?
 
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