citizenship denial

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lglhlp2557

New Member
My N-400 case has been denied on grounds of "poor moral character" due to an arrest/guilty plea to a petty offense of sexual orientation
Could this automatically put me into "removal proceedings"? The interview officer did not say anything like that.
If I travel out of the country will I have a problem when I am re entering the USA? Can the ICE prevent / detain me at POE?

I only have court disposition letter. Will that be sufficient during my next application after 5 years or I need all the arrest record etc?
 
lglhlp2557 said:
My N-400 case has been denied on grounds of "poor moral character" due to an arrest/guilty plea to a petty offense of sexual orientation
Could this automatically put me into "removal proceedings"? The interview officer did not say anything like that.
If I travel out of the country will I have a problem when I am re entering the USA? Can the ICE prevent / detain me at POE?

I only have court disposition letter. Will that be sufficient during my next application after 5 years or I need all the arrest record etc?
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What is an offense of "sexual orientation"? Usually, sexual orientation refers to somebody's personal preferences. I have never heard of it being used in a criminal context before. Can you elaborate? Do you mean sexual solicitation?
Not sure anybody can comment until you elaborate a bit more.
 
Only certain offenses are grounds for deportation. it's best you seek the advice of a lawyer in your case to determine if the charge falls under this type of offense.
 
I don't think so

lglhlp2557 said:
My N-400 case has been denied on grounds of "poor moral character" due to an arrest/guilty plea to a petty offense of sexual orientation
Could this automatically put me into "removal proceedings"? The interview officer did not say anything like that.
If I travel out of the country will I have a problem when I am re entering the USA? Can the ICE prevent / detain me at POE?

I only have court disposition letter. Will that be sufficient during my next application after 5 years or I need all the arrest record etc?
Click to expand...

I am sorry to hear that but why would they deport you. They would have put you into "removal proceedings" back then when you had commited this crime few months or few yrs back. Why now. Just coz they denied your N-400 at this stage doesn't mean they will take your permenant residency, put you on a plane and say good bye. Doesn't work that way. You probably don't meet the criterea of applying for your citizenship at this stage, that's all there is to it. Relax, I hope things workout for you.
 
lglhlp2557 said:
My N-400 case has been denied on grounds of "poor moral character" ..... offense of sexual orientation..."
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Your sexual orientation is your private issue - how can that be criminal - whatever your orientation is!!

You probably meant some other crime involving sex - is that right? Without sounding too curious, what exactly was the crime?

It is possible that if you wait for at least 5 years, and not get into any more trouble with the law, you might clear the CMT barrier.

Good luck. And, watch what you do.
 
thanks friends for the responses. This is really an embarassing incident. Accidentally touched a woman on the train. When police caught, did not ask for an attorney and pleaded guilty. This happened unfortunately just few months before my interview. charge reduced to a misdemeanor. Only fine. no jail time, no probation. However USCIS considered it as grounds for denial. Even though lawyer says that I don't qualify for being removed but she says that during travel abroad the Green card check on re-entry will show arrest/conviction and the officers at the POE will subject me to stand before immigration judge to prove that I am not deportable. That is quite a hassle. Best bet would be to not leave the country. But that is a big problem.
 
lglhlp2557 said:
thanks friends for the responses. This is really an embarassing incident. Accidentally touched a woman on the train. When police caught, did not ask for an attorney and pleaded guilty. This happened unfortunately just few months before my interview. charge reduced to a misdemeanor. Only fine. no jail time, no probation. However USCIS considered it as grounds for denial. Even though lawyer says that I don't qualify for being removed but she says that during travel abroad the Green card check on re-entry will show arrest/conviction and the officers at the POE will subject me to stand before immigration judge to prove that I am not deportable. That is quite a hassle. Best bet would be to not leave the country. But that is a big problem.
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I agree with the advice given by your attorney. The good news is that you should be able to reapply for N-400 once this offense has rolled outside the 5yr CIMT window.
 
Touching a Woman

I applied my N400 on 10/2006 and still waiting for the interview letter... NOT SURE WHAT CRIME I COMMITTED... this USCIS is f****** up everyone!!!! Yeah like everyone said hire a good lawyer...
 
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ldlhlp2557! You are being forthright about it. That's good. We all make mistakes - some small, some big, some get caught, some get away scotfree!! The trick is to learn from mistake, promise (to oneself) that we will never again commit it, and move on.

I agree with your attorney's advice. It is not a good idea to travel with this on your record. At least it is not a felony - only a misdemeanor with only a fine. I hope you do not have to register in any registry!!

Stay clean for 5 years and re-apply. Hopefully you'll be fine. Pray that you get the strength to resist temptations!!

Good luck.
 
lglhlp2557 said:
.....Even though lawyer says that I don't qualify for being removed but she says that during travel abroad the Green card check on re-entry will show arrest/conviction and the officers at the POE will subject me to stand before immigration judge to prove that I am not deportable. That is quite a hassle. Best bet would be to not leave the country. But that is a big problem.
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I don't think that is truly correct statement. Just becasue you have the arrest and/or conviction records (even felony conviction), as long as there is no NTA has been issues to you, or immigration warrant for your arrest/detaintion, the POE office won't make you stand in front of judger. However, you might be the subject for so call "secondary inspection", meaning being asked to a different area to get questioned and stampted on your passport.
 
Triple Citizen said:
If this was an accident, why did you plead guilty?
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Let's not be too hard on him, he already has enough to worry. It is like the foot play of Larry Craig, he is a senator and he also plead guilty to later on say it was all a misunderstanding. I don't want to say that this is the same type of case, but only to explain that some people plead guilty just to avoid further embarrassment. However, immigrants are usually not aware of the consequences of pleading guilty.
 
I am sorry if I gave the impression of being hard on him. I just wanted to know what prompted him to plead guilty. Nerves, someone's ill advice, etc? You nailed the point I was trying to make. Lawyers advice immigrants to avoid the guilty plea like a plague. A plea of "no contest" would have been much better for the OP. I was just curious why the guilty plea.

Huracan said:
Let's not be too hard on him, he already has enough to worry. However, immigrants are usually not aware of the consequences of pleading guilty.
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