Citizenship denied

[ab100]

Jenimmi

Hi Rajesh -

Your update on "my collected notes about FBI and expungment-1" was very informative. Thanks so much for sharing this with us on the forum. I have some questions regarding that, but I decided to wait and see part - 2 as well (Since you put part 1 in your first post). So, should we expect more findings or not - please let us know. Again, thank you so much for sharing what you know.

Jenimmi,

I am doing lot of reading online. I will try to post my findings about FBI stuff later. But, in the post above, I said that FBI rap sheet and name check are same but it was a mistake. FBI rap sheet, a criminal record sheet of a person based on finger print file system and Name check is criminal record of a person based on name file system. I will post more details about it later.

 

[carla8]

I am going for N400 interview in few weeks. I have a State Police report statement, (after submitting my fingerprints.) They also attached the court disposition. Do I still need to obtain from NJ a certified court disposition or these are enough? Calling the municipal court is a problem, left voicemail messages but did not return my phone calls.The petty theft happened 20 years ago. I need help please, Am so worried I might be denied.

 

[jayoa]

Yes, get certified copies or originals, that is what they prefer.

One thing I will say is that, for immigration purposes it is irrelevant when the crime is committed especially if it falls under any of their listed aggravated felony, moral torpitude, etc classes although during arguments attorney often use time as supplementary argument on crimes committed many many years back to say their client has been clean for very long. Also some interview officers can put one's case on hold while one is still on probation and ask you to notify them when probation ends, this one is actually a personal experience on a friend's green card application. But then again its up to their discretion to do this or not.

I read of a case where an N400 applicant travelled out of the US and on their way back into the US they let his whole family back in except him due to a domestic violence conviction 15 years before. He was placed in exclusion proceeding (this term is used when at the port of entry but essentially the same as removal proceeding in the case of an alien already in the country). He did not subscribe to the exclusion proceeding an decided to fight it, he was in mandatory detention for about 18 months while he was fighting this case and was eventually released and continued on with his citizenship application.

Any attorney will resonably tell you not to travel out of the country after any kind of conviction due to the possibility of an exclusion proceeding at the discretion of the border entry agent, at minimum to ensure that you it is actually warranted for you.

There is this show on cable called "Border Wars" (search for it on your cable service), it is about USCIS operations at the US/Mexico border. It shows you a lot about how they operate. The last episode showed someone coming back into the US with his green card. As soon as they swiped the card the border agent saw a red flag and sent a silent alert to the back room where a couple of other agents came and got the person and detained him, the guy had committed a crime prior to leaving the US. Just an example of how these things work. Whoever tells you border/entry agents cannot detain you is joking or at least has no idea what he/she is talking about.

While there is no telling what might happen to anyone prior to gaining citizenship, at least be smart as to what you will plead to. Talk to an immigration attorney in addition to a criminal attorney (and read law books of the US Codes as well) so they can both work out a different crime for you to plead to, the courts are good at adjusting these things for both parties to arrive at a workable deal.
DO NOT TRAVEL OUTSIDE THE US AFTER ANY CONVICTION BEFORE GAINING CITIZENSIP!

 

[Al Southner]

I am going for N400 interview in few weeks. I have a State Police report statement, (after submitting my fingerprints.) They also attached the court disposition. Do I still need to obtain from NJ a certified court disposition or these are enough? Calling the municipal court is a problem, left voicemail messages but did not return my phone calls.The petty theft happened 20 years ago. I need help please, Am so worried I might be denied.

Do you know which municipality in NJ has your court documentation? You need to call and speak to the court clerk, DON'T leave any voice message with the court, are you NUTS? I have never left a voice message with any court, unless is a city of 25 people, people don't care to listen to those messages in my experience.

 

[Bobsmyth]

Also some interview officers can put one's case on hold while one is still on probation and ask you to notify them when probation ends, this one is actually a personal experience on a friend's green card application.

This does not apply to naturalization cases. The rules are clear that an applicant currently on probation is not eligible for naturalization.

DO NOT TRAVEL OUTSIDE THE US AFTER ANY CONVICTION BEFORE GAINING CITIZENSIP!

More importantly use common sense. Stating not to travel out of US after any type of conviction before gaining citizenship is unnecessarily putting fear into forum readers.

 

[jayoa]

This does not apply to naturalization cases. The rules are clear that an applicant currently on probation is not eligible for naturalization.

Why else would one under probation not be issued a green card until he is free of probation, isn't it because he is not eligible same as citizenship? The mainpoint here is that the IO has the discretion to either outrightly deny the application or simply put it on hold until you notify them that the probation is over. In either case they will not issue grant a green card or citizenship application when one is in probation which means no one is eleigible in that circumstance to receive either a green card or citizenship.

More importantly use common sense. Stating not to travel out of US after any type of conviction before gaining citizenship is unnecessarily putting fear into forum readers.

The least of my intentions is to put fear into anyone, I just voiced what any attorney will say. What you mean by common sense is very vague and carries more risk than anything else. People all over the forum in the US are convicted of myriad of crimes and these people have no idea about its effects on immigration (or have any idea on wherre to look in US Code law books) and you are telling them to use "common sense", worse yet you don't even detail what you mean by that and perhaps lead people to say "well I'm gonna use common sense, I only plead guilty to "simple assault" which was a minor incident with my spouse anyway and I only got community service, I have to go to Canada for this event" and have them land in hot soup on their way back in. Those that have tried to use common sense have had close shaves with border agents telling them they can be denied re-entry regardless of the crime they committed and others were actually denied re-entry and are either fighting it in detention or already sent back to their country of origin and did not get the opportunity to even post their issues on this forum.
I will explain what I think common sense is; Common sense is DO NOT TRAVEL OUTSIDE THE US AFTER ANY CONVICTION BEFORE GAINING CITIZENSHIP!

 

[Bobsmyth]

. What you mean by common sense is very vague and carries more risk than anything else. People all over the forum in the US are convicted of myriad of crimes and these people have no idea about its effects on immigration (or have any idea on wherre to look in US Code law books) and you are telling them to use "common sense", worse yet you don't even detail what you mean by that and perhaps lead people to say "well I'm gonna use common sense,

Common sense means that not all convictions are the same. Common sense means to get informed and do your homework instead of relying on people like you to instill unnecessary fear into readers with your rambling and misleading posts.

 

[jayoa]

Common sense means that not all convictions are the same. Common sense means to get informed and do your homework instead of relying on people like you to instill unnecessary fear into readers with your rambling and misleading posts.

My suggestion is simply to play safe and stay until acquisition of citizenship as many have successfully done, you suggestion is to take unnecessary risks with "common sense" that I am misleading them without noting that those that have fallen into trouble trying to reenter applied your "common sense". How's that for common sense? While we all know not all convictions are the same, you have still not detailed how common sense will help various people with various criminal convictions who have no idea how "common sense" can help them travel without the risk of being barred from re-entry when border agents clearly told someone they don't care how minor the offense is. Tell me and others who would like to know how "common sense" will erase or remove all risk of being held back when they travel with a conviction. Dealing with the USCIS at border entry is much like random police road blocks, while the USCIS agents see all details about every traveller they get to decide who they want to mess with today becaus as we all know many of the dealing with these agents are discretionary based on the agent we each encounter and you have not proven to anyone how you and your "common sense" plan to remove such risk.
The guy they detained on the Border Wars show on cable sure used common sense but look where it got him. Neither of us is an attorney but I will say what any attorney I have encountered have suggested as common sense to stay away from border agents/borders if you have ANY conviction especially post-911. Of course it is up to me or anyone else to try to apply your alternative suggestion of common sense without any reasoning behind it. Further common sense I will suggest is that anyone in doubt need not take my word or any random person's words on any forum for it but contact an attorney especially when initial consultation is free and do not let a self-proclaimed know-it-all put you in trouble unnecessarily.

 

[Bobsmyth]

My suggestion is simply to play safe and stay until acquisition of citizenship as many have successfully done, you suggestion is to take unnecessary risks with "common sense" that I am misleading them without noting that those that have fallen into trouble trying to reenter applied your "common sense". How's that for common sense?

You're obviously having a difficult time in English comprehension so I'll repeat it again: common sense means to get informed about how a crime affects you instead of simply not traveling altogether out of fear, or because of what you saw on some cable show. You've already discredited yourself time and time again on this forum to give incorrect advice based on what you say you have witnessed. Perhaps you should stick to watching Border wars instead of trying to provide what you think is accurate information on this forum.