Citizenship application with dismissed case!

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kaantexas

Registered Users (C)
I have been in Texas since 2001. I have green card and I am going to apply citizenship on December 2009. However, right now, I have dismissed case which is "sale alcohol to minor". And one lawyer told me that expunge the case will be on June 2010. However, I need to apply citizenship on December 2009.

What should I do?
Should I wait until expunge my case then apply or?
Can this dismissed case hurt my citizenship application?

Thanks for your time,
 
A case that is dismissed in court can still be considered a conviction for immigration purposes.

If you had to attend classes, do community service, pay a fine, got probation, or had just about any sort of penalty, it is generally considered a conviction for immigration purposes even though it got dismissed by the judge.

And expungement doesn't affect it for immigration purposes. USCIS sees the expunged cases and treats them as if they were never expunged.
 
kaantexas said:
I have been in Texas since 2001. I have green card and I am going to apply citizenship on December 2009. However, right now, I have dismissed case which is "sale alcohol to minor". And one lawyer told me that expunge the case will be on June 2010. However, I need to apply citizenship on December 2009.

What should I do?
Should I wait until expunge my case then apply or?
Can this dismissed case hurt my citizenship application?

Thanks for your time,
Click to expand...

Sale of alcohol to a minor in Texas is a class A misdemeanor and doesn't make you ineligible for naturalization (unless you are still on probation). Was the case dismissed without you having to enter plea of guilt and are you on probation?
 
Bobsmyth said:
Sale of alcohol to a minor in Texas is a class A misdemeanor and doesn't make you ineligible for naturalization
Click to expand...

It does not make one ineligible not because it is only a class A misdemeanor
but because it is not a CIMT. If it is a CIMT, then class A will make the person deportable because there is one day overlapping between misdemeanor defnition by state law and felony definition by immigration law.

MOst state define class A misdemeanor as crime pnishable by up to 1 year
and immmigration law define CIMT deportable if it is punishable by 1 year and more.
 
I am not on probation.

I entered my plea... I wasn't working on the store, I wasn't an employer. Even I dont know all of the beer brands and suddenly I was behind the cash register, and I didnt know I sold the alcohol to minor until TABC came to me and told me the story...
I was working as a professional in my field-software engineering... Right now, I am getting my master degree and I have never involved any illegal case, never got ticket, even speeding ticket...

A dismissal order showing that charges against me have been dismissed and have a copy of the Deferred Prosecution Agreement. To prevent the state from refiling charges against me.
I completed 20 hours of community service, I took training course, and final requirement is that I not commit any offenses during the deferral period which is before 22 Dec 2009.

I have a lawyer for this case but not for the immigration.
So, still I am not sure about my citizenship status.

From this point how does it look?
 
kaantexas said:
I am not on probation.

I entered my plea... I wasn't working on the store, I wasn't an employer. Even I dont know all of the beer brands and suddenly I was behind the cash register, and I didnt know I sold the alcohol to minor until TABC came to me and told me the story...
I was working as a professional in my field-software engineering... Right now, I am getting my master degree and I have never involved any illegal case, never got ticket, even speeding ticket...

A dismissal order showing that charges against me have been dismissed and have a copy of the Deferred Prosecution Agreement. To prevent the state from refiling charges against me.
I completed 20 hours of community service, I took training course, and final requirement is that I not commit any offenses during the deferral period which is before 22 Dec 2009.

I have a lawyer for this case but not for the immigration.
So, still I am not sure about my citizenship status.

From this point how does it look?
Click to expand...

What was your plea? If you had to complete community service it sounds like you had to enter either guilty or no contest plea. In that case it is considered a conviction for immigration purposes. However, since your charges aren't considered CIMT you should be fine once the dismissal is complete.
 
kaantexas said:
I am not on probation.

I entered my plea... I wasn't working on the store, I wasn't an employer. Even I dont know all of the beer brands and suddenly I was behind the cash register, and I didnt know I sold the alcohol to minor until TABC came to me and told me the story...
Click to expand...
What? You weren't working in the store, but you suddenly got behind the cash register and started selling people beer? :confused:
I completed 20 hours of community service, I took training course, and final requirement is that I not commit any offenses during the deferral period which is before 22 Dec 2009.
Click to expand...
That seems like a form of unsupervised probation, as far as USCIS would see it (even though they may not have called it "probation" in court). Given that December 22 is so close, you should just wait until after that date to apply, so the dismissal will be finalized and you won't risk them saying you are still on probation.
 
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Jackolantern said:
What? You weren't working in the store, but you suddenly got behind the cash register and started selling people beer? :confused:
Click to expand...

He might be visit a store run by his relatives and temporarily helped out.
If it was in his GC years, then it should be OK. In fact, in this forum
we had a similar case someone got citizenship approved with a selling
cigarrette to minors record during his F-1 years. The IO did not bother
to ask "Did you have authorization to work in a s tore when you were on F-1?"
 
I wasn't working in the store. I had a professional job that related with my major. He wasn't my relative, he was my friend. He helped me and I helped him... Even, the TABC officers didn't listen to me, they acted they listened to me but they didn't and they gave me a ticket. According to ticket, I supposed to called the court on specific time and date. And I did... But when I called the court, they never found my name, my case. Then after few months later, I went to TABC and I talked with TABC officers manager and I told him about my case. I was honest, I am always honest... And then they sent my papers to court. If I didn't say anything, probably they couldn't file my case... I told my lawyer and probably, my lawyer or TABC didn't do anything about my honesty, I didn't expect anything... I didn't sale alcohol to minor on purpose. But I have lots of stress about where I am at now...
 
kaantexas said:
I wasn't working in the store. I had a professional job that related with my major. He wasn't my relative, he was my friend. He helped me and I helped him... Even, the TABC officers didn't listen to me, they acted they listened to me but they didn't and they gave me a ticket. According to ticket, I supposed to called the court on specific time and date. And I did... But when I called the court, they never found my name, my case. Then after few months later, I went to TABC and I talked with TABC officers manager and I told him about my case. I was honest, I am always honest... And then they sent my papers to court. If I didn't say anything, probably they couldn't file my case... I told my lawyer and probably, my lawyer or TABC didn't do anything about my honesty, I didn't expect anything... I didn't sale alcohol to minor on purpose. But I have lots of stress about where I am at now...
Click to expand...

I think it is useless to complain about the past. You don't have to do anything but just file your N400. You will be OK. DOn't worry about it.
Even if you think in the worst terms, what can the worst term be?
The only possible worst thing that can happen if denial and you
lose $ 675. Big Deal!. But if you do not apply, you won't get citizenship anyway.

So fill your N-400 and send it. If you are not sure what will happen,
then filing N400 is the only way to find out
 
kaantexas said:
I wasn't working in the store. I had a professional job that related with my major. He wasn't my relative, he was my friend. He helped me and I helped him... Even, the TABC officers didn't listen to me, they acted they listened to me but they didn't and they gave me a ticket. According to ticket, I supposed to called the court on specific time and date. And I did... But when I called the court, they never found my name, my case. Then after few months later, I went to TABC and I talked with TABC officers manager and I told him about my case. I was honest, I am always honest... And then they sent my papers to court. If I didn't say anything, probably they couldn't file my case... I told my lawyer and probably, my lawyer or TABC didn't do anything about my honesty, I didn't expect anything... I didn't sale alcohol to minor on purpose. But I have lots of stress about where I am at now...
Click to expand...



Just make sure you aren't "suddenly behind the desk" of an immigration officer instructing him or her to swear to tell nothing but the truth..:rolleyes: Your sudden behind the counter stuff is troubling, but nothing major to derail your N400 application, except the manner in which you answers questions on this subject matter to an IO.
 
If I worked there and if I did on purpose or not then I deserve any kind of fine. The money is not important, the important thing is if deny my N400, this is not fair! And also my case is dismissed, however, I carry on my criminal record long time... This is not fair, too...

I think I will get lawyer , Make sure I am on the right path...

Thanks...
 
If you talk about being "suddenly behind the cash register" as if it happened by accident, and claim that you weren't working there, the interviewer will brutalize you with interrogation. It wasn't any sudden accident. You knowingly walked behind the counter and started selling people stuff. Once you did that, you were working there at that moment even if it was just for 2 minutes and you weren't getting paid. If you sound inconsistent and appear to be hiding information like what you're doing here, you'll invite more hassle in the interview.

And yes, you probably should get a lawyer, considering that this will be treated as a conviction by USCIS and it happened within the last 5 years.
 
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kaantexas said:
If I worked there and if I did on purpose or not then I deserve any kind of fine. The money is not important, the important thing is if deny my N400, this is not fair! And also my case is dismissed, however, I carry on my criminal record long time... This is not fair, too...

I think I will get lawyer , Make sure I am on the right path...

Thanks...
Click to expand...

How is that not fair? You were behind a cash register and were selling alcohol..even if you werent an employee or an employer. I had somoene come to me in a parking lot(under 21) and asked me to buy beer for them..i said no..I am sure they were part of some undercover task force too.
 
kaantexas said:
If I worked there and if I did on purpose or not then I deserve any kind of fine. The money is not important, the important thing is if deny my N400, this is not fair! And also my case is dismissed, however, I carry on my criminal record long time... This is not fair, too...

I think I will get lawyer , Make sure I am on the right path...

Thanks...
Click to expand...

Things can happen in life. You can imagine many young and middle aged naturalized citizens got natualized,happy for a few months, are not very old, then find they have cancer. What should they do? They have to Face it.

The same advice to you. You can not undo the past. You can not change immigration laws, the IO is not yoru relative who can do you a favor (but he is not yoru enemy who will not intentionally make your more miswerable either). Do your best and then get it over with. There are successful cases reported here that N-400 was successful with record of selling tobacco to minors.

In worst case, your record is not deportable. So at most you get denied
and then reapply when it is outside 5 years.

Life is not fair. Misery of all kinds are bound to happen to certain proportion of people just they have already occured to certain pro[portion fo the people. When that happen, live with it.

Cry when distater comes but right now you don't know you will be denied or not. Maybe you will be approved very smoothly. So try to cheer up.
Citizenship process take up to 6 month or even 1 year. It is already significant part of our remaining life anyway
 
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Wantmygcnow, yours is different story. It happened to me long time ago, like your story, and I didnt do that.

If someone come to me, ask me to buy a beer or ask to sale them any kind of beer, I wont provide. Even, when I sold alcohol, it wasn't a regular bush/budwiser... beer, it was looks like energy drinks, and I don't have any idea about the beers/beer brands. I have never touch,drink beer cans in my life. After I sold item(s), TABC told me I sold a beer, it was SPARK. It looks like energy drink. So far, I spent too much money and time, thousand and thousand dollars for lawyers (for dismiss, for expunge )

WBH, you are right and started with very good example... I think it should be level, and if the person is not really guilty, he shouldn't carry on his background even as dismissed.

Thanks for all of you,

I guess, just apply and see the result...
 
This offense is apparently too minor to cause you to be denied citizenship. You just need to complete the deferral period before applying, disclose the incident on the N-400, and bring the court documents to the interview. Apply after December 22, bring court papers to the interview, speak consistently and concisely when asked about it, and hope for the best!
 
I sold alchoho to mino i want aplly for citizen

kaantexas said:
i have been in texas since 2001. I have green card and i am going to apply citizenship on december 2009. However, right now, i have dismissed case which is "sale alcohol to minor". And one lawyer told me that exp
thanks for your time,
Click to expand...

tell me what happened please i have same case and i will apply very soon

1-are you citizen now or what ?
 
MALAGA,

kaantexas became a US citizen and hasn't posted on the forum since 2010. See this thread from May 2010:

http://forums.immigration.com/showthread.php?313203
kaantexas said:
I am US citizen and my fiance has b1 visa. She is legally in US and we are planning to get married. However, she can not stay in US its cause her business. She has to travel forth and back to overseas.

Our question, if we get married now, does she has to change visa type?
When she is coming back to US, can the officers say "Looks like you are married with US Citizen, you have b1 visa and you have to change your visa type, you can not enter the US"???

We don't want to take illegal action.

Thanks
Click to expand...
 
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