citizenship denied...hearing confim the denial..HELP !!!

M

mikemonte

Registered Users (C)
I need help from somebody:

My wife applied for citizenship, the application was denied...'lack of moral character', she had a problem with a friend a year after we arrived to USA, she was with a girl friend and that girl friend try to stole some clothes in a department store...my wife did not know, she was at the store with the kid of that friend, but she did not know about it, finally both get caught and even after the case was expunged, she did some comunity services hours, this problem came out in the naturalization process (of course judge dont beleived the version of my wife thats the reson for the comunity services hours)...(we don't put that in the application, as was expunged we think was over in the past)

She went to a hearing for the naturalization denial, she tried to explain that was the only problem she had in all those years, and she did not know that her girlfriend will try to stole some clothes from the store that day., nobody believe that in the hearing...so the hearing confirm the denial...

My question is: what can i do...? I'm American Citizen since 2 years ago....i dont know if that help...?

Any adivse will be good....what can i do?What is the name of your state (only U.S. law)?
 
An expunged record can still be a considered a conviction under immigration laws. When did the offense occur, what did she plead and finally did she disclose it on the application?
Laws don't care about version of story or who knew what..the bottom line is the conviction itself.
 
mikemonte said:
the case was expunged, she did some comunity services hours, this problem came out in the naturalization process (of course judge dont beleived the version of my wife thats the reson for the comunity services hours)...(we don't put that in the application, as was expunged we think was over in the past)
Click to expand...

It appears that the reason why your wife's application was denied mainly because she didn't disclose her arrest on her N-400, not necessarily because of the actual offense. The instructions clearly ask that every arrest/conviction be disclosed, regardless of the outcome. By not disclosing her arrest, your wife was deemed to have bad moral character, due to the fact that she lied on the application.

If the application was denied without prejudice, your only remaining option is to reapply. Also, I highly suggest speaking to a competent immigration attorney, as shoplifting is a deportable offense. Regardless of the fact that your wife's record was expunged, she admitted guilt by consenting to perform community service.
 
Bobsmyth said:
An expunged record can still be a considered a conviction under immigration laws. When did the offense occur, what did she plead and finally did she disclose it on the application?
Laws don't care about version of story or who knew what..the bottom line is the conviction itself.
Click to expand...
offense occur on jun 3 2003,

she was referred to the pre-trial intervention program and charges were subsequently nolle pros on november 8, 2003

we dont disclosed it in the application we think as was expunges we dont have to put it
 
I agree with Vorpal..(I missed it from OP original post that they didn't disclose it on application.)

Expungement of a case in court does not mean it never occurred. Since she didn't disclose it on application or interview, she was deemed to have bad moral character.
 
mikemonte said:
offense occur on jun 3 2003,

she was referred to the pre-trial intervention program and charges were subsequently nolle pros on november 8, 2003

we dont disclosed it in the application we think as was expunges we dont have to put it
Click to expand...

See page 8 of the "Guide to Naturalization":

http://www.uscis.gov/files/article/M-476.pdf

It clearly explains what you should have done in your wife's situation. Also, a pre-trial intervention program may be considered a conviction for immigration purposes. Here's some additional information in regards to that: http://www.nycbar.org/pdf/report/Immigration.pdf
 
well she went to a hearing and they denial the application again...

but we dont know if the application was denied without prejudice? how could i know..?

i have the letter in from of me from the hearing denial...and i dont see any note about it...

about the case she was referred to the pre-trial intervention program and charges were subsequently nolle pros
 
Dang you guys post fast :)

Bobsmyth said:
I agree with Vorpal..(I missed it from OP original post that they didn't disclose it on application.)

Expungement of a case in court does not mean it never occurred. Since she didn't disclose it on application or interview, she was deemed to have bad moral character.
Click to expand...
 
Since the appeal has already been denied, unless you have a strong case (which I don't see you do) you can appeal in federal court.
As for the charges, they are considered an arrest and conviction according to immigration laws..something which she didn't declare.
Your best bet at this point is to reapply. Consult with an immigration attorney specialized in criminal law to look at your options.
 
The N-400 itself says

'For the purposes of this application, you must answer ''Yes'' to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney, told you that you no longer have a record.'

Whether it was expunged, sealed, or dismissed, it must still be listed on the N-400.

If the "bad moral character" was for the failure disclose the incident, she probably will have to wait 5 years from now to reapply. If it was for the incident itself, then maybe 5 years after the incident would be sufficient (which would be now!).
 
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What can i do then....?

First how could i know if i can apply again...

second: Do i need a lawyer ? or i just have to applied again ? which will be the next steps?
 
Next step would be to consult a lawyer to determine when you can reapply. Only a lawyer can look at facts of your case and give you a professional opinion.
 
octubre 2006 was denial...

the hearing was sent on march 14 2007, and the hearing was on sept 10-2008 (more that 1 year)

today i received the denial from that hearing....
 
I think your wife's app denied for 2 reasons.

1. she did not disclose the arrest
2. if the conviction year is 2003, then it was well under 5 years when she
applied.


Bobsmith: Am I right?
 
At this point, the best possible thing you can do is consult with an attorney. I'm absolutely positive that the main reason your wife's application was denied is failure to disclose her arrest/conviction. Being that her application was originally denied in October 2006, my opinion is that she'll be able to reapply in October 2011.
 
chikoo2008 said:
I think your wife's app denied for 2 reasons.

1. she did not disclose the arrest
2. if the conviction year is 2003, then it was well under 5 years when she
applied.


Bobsmith: Am I right?
Click to expand...

Yes on first assumption, but since we don't have complete details of what she was charged with (I'm guessing petty theft which is a CIMT conviction that occurred within probationary time) we can't be certain about assumption 2.

Also, the fact that the conviction was in 2003 makes me believe it's not a deportable offense in her case since maximum possible sentence < 1 year and/or actual sentence < 6 months. ICE would have caught up to her by now if it was a deportable offense.
 
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Sorry to hear that. It would be best if you contact an immigration lawyer.

Does it say that it revoke her green card as well?
 
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