"crime" affect acquisition of citizenship???

N

nik1963

New Member
Hello all!I am wondering if a conviction for "crime" outside US can affect the naturalization process.If someone has been convicted with a homicide by misadventure (car accident,NOT drunk or impaired while driving), could have any problems with immigration to USA or even naturalization?

Could you answer that if you know?
Thank you in advance!
 
Flydog said:
Short answer: "I'm guessing yes".
Long answer: "Talk to a lawyer".
Click to expand...
Short Answer: No
Long Answer: NO. Because the US Government has no jurisdiction over what you did in another country and the FBI checks are run on you whilst you have been in the US. Of course if it is a well publiczed crime committed abroad, maybe, but unless you have any reason to believe that the US knows about it somehow..then you can seek legal advice.

In any case if you committed murder in another country and they issued a visa to start with, what else is there to find out in that country.
I amy be wrong, but I doubt it.
 
nik1963 said:
Hello all!I am wondering if a conviction for "crime" outside US can affect the naturalization process.If someone has been convicted with a homicide by misadventure (car accident,NOT drunk or impaired while driving), could have any problems with immigration to USA or even naturalization?

Could you answer that if you know?
Thank you in advance!
Click to expand...

Please talk to a good immigration lawyer before applying for citizenship. Be careful, you might risk being deported if your "crime" is subject to deportation.
Good luck
 
The question is -- "Have you EVER been arrested/detained/convicted blah blah". It does not say within the US etc. So, you will have to declare the issue.

The US does not have jurisdiction in terms of law, but immigration cares about your character globally and so, I agree with Flydog -- please talk to a lawyer ASAP.
 
kblacwell said:
Short Answer: No
Long Answer: NO. Because the US Government has no jurisdiction over what you did in another country and the FBI checks are run on you whilst you have been in the US. Of course if it is a well publiczed crime committed abroad, maybe, but unless you have any reason to believe that the US knows about it somehow..then you can seek legal advice.

In any case if you committed murder in another country and they issued a visa to start with, what else is there to find out in that country.
I amy be wrong, but I doubt it.
Click to expand...

kblacwell,
You are not giving him a good advice. USCIS might find out and deport him if his "crime" belongs to the category of deportable crimes. He should talk to an immigration lawyer and TELL EVERYTHING to the lawyer. The lawyer then will be able to advice him.
 
Shribuy said:
The question is -- "Have you EVER been arrested/detained/convicted blah blah". It does not say within the US etc. So, you will have to declare the issue.

The US does not have jurisdiction in terms of law, but immigration cares about your character globally and so, I agree with Flydog -- please talk to a lawyer ASAP.
Click to expand...

Ok, this is just getting very interesting. What about a parking ticket you had in a foreign country about 15 years ago, and yes, it is issued by a law enforcement officer, which is also defined differently in this country. According to your comment, if you fail to report that, I guess you will be deported?
 
Dude, I said nothing about deported. Please read the statement. If you think I'm wrong, go talk to a lawyer. This thread is not about traffic tickets and I refuse to engage with you on that topic.

Do you know that when you apply for ANY US visa from any country, they ask if you've ever been arrested? Why do you think they care?

Stop hounding me. Go find another post to rant on.
 
I think Kblacwell may be correct...

and I base it on the lengthy 484 page H.R. 4477 report that is in the Senate for changing sections 609, 610, 612... etc, where at present if you applying for Citizenship after 5 years, the law looks for Good Moral character. It's been argued that 5 years should be good time frame for CIS to judge Good Moral character. The H.R. 4477 is asking the governement to enact that allows CIS to go past 5 yrs if they wish to. Well, from this, I take it that they are interested in the US history.

IBIS & FBI - look for crime within the US.

Now, if you are in the process of I-485, then US would want to find out your past criminal history in the other country, and they may ask you to get a letter from Police from that country. If they didn't, then you know they don't have anything on you.

Like Kblacwell said, US does not have jurisdriction over on other countries. US will only know if you give that information, and it will then stay on your US files for ever, and it may haunt you in the long run.
 
nik1963 said:
Hello all!I am wondering if a conviction for "crime" outside US can affect the naturalization process.If someone has been convicted with a homicide by misadventure (car accident,NOT drunk or impaired while driving), could have any problems with immigration to USA or even naturalization?

Could you answer that if you know?
Thank you in advance!
Click to expand...

Yes, you must consult an attorney. When you read N-400 application Part 10 questions 17 and 18. Note that these questions do not ask you if you comitted a crime in the US specifically, so this will be for the rest of the world as well. Besides with the new background check they have in place, they will find out anyways as they check with other countries where you have resided in the past. This is one reason of the background delays, as they do check in your country of birth and residence. They will find major crimes reported by that country(ies). I have friends in the US government and I know FOR A FACT that they do this. USCIS may not care about the offense "whatever that might be", but I can asure you that they do care for an applicant NOT disclousing that information in your application.

For the rest of the guys here, I know you are trying to help, but please DO NOT give an advice unless you know what you are talking about. Guessing doesnt help but rather hurts. A trafic ticket is NOT the same as kiling someone even if it was an accident.

So again, consult with an attorney or better two and see if they have the same advice before you file as the USCIS will know about this either from you or from the background check. I am sure a good attorney will ask you for the court pappers before he/she can give you an advice, so be prepared to have the documents.

Good luck, Shaffi
 
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I agree with SAFFI. Questions 17 and 18 don't specify a jurisdiction. Consult a lawyer before you apply.

Good luck,

Newly
 
Shribuy said:
Dude, I said nothing about deported. Please read the statement. If you think I'm wrong, go talk to a lawyer. This thread is not about traffic tickets and I refuse to engage with you on that topic.

Do you know that when you apply for ANY US visa from any country, they ask if you've ever been arrested? Why do you think they care?

Stop hounding me. Go find another post to rant on.
Click to expand...

This is the point you raised. Under that question, there is also no jurisdiction limited. So basically what you said is that sometimes you need to report, some other time you don't need? Please be consistent of yourself and stop giving misleading opinions.
 
SHAFFI said:
Yes, you must consult an attorney. When you read N-400 application Part 10 questions 17 and 18. Note that these questions do not ask you if you comitted a crime in the US specifically, so this will be for the rest of the world as well. Besides with the new background check they have in place, they will find out anyways as they check with other countries where you have resided in the past. This is one reason of the background delays, as they do check in your country of birth and residence. They will find major crimes reported by that country(ies). I have friends in the US government and I know FOR A FACT that they do this. USCIS may not care about the offense "whatever that might be", but I can asure you that they do care for an applicant NOT disclousing that information in your application.

For the rest of the guys here, I know you are trying to help, but please DO NOT give an advice unless you know what you are talking about. Guessing doesnt help but rather hurts. A trafic ticket is NOT the same as kiling someone even if it was an accident.

So again, consult with an attorney or better two and see if they have the same advice before you file as the USCIS will know about this either from you or from the background check. I am sure a good attorney will ask you for the court pappers before he/she can give you an advice, so be prepared to have the documents.

Good luck, Shaffi
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A trafic ticket is NOT the same as kiling someone even if it was an accident-Yeah, also have parking ticket in foreign countries handy, I am sure your lawyer wants to see that, too. (by the way, it is an offense to not park properly). You call this a very good suggestion?
 
NewlyMinted said:
I agree with SAFFI. Questions 17 and 18 don't specify a jurisdiction. Consult a lawyer before you apply.

Good luck,

Newly
Click to expand...

Well, question regarding traffic citation also have no jurisdiction, how do you handle that?
 
Naturalizer123 -- You are the inconsistent one. Stop accusing others and mud slinging. Remember -- professionalism is what's required on this board. When you lose an argument, you resort instantly to name calling. Weak. None of the others here have done anything other than present their thoughts. You are the only one who is resorting to base tactics on this thread.

My opinion is "Yes, all violations of the law, globally, must be stated." That's my opinion. I ALSO ASKED THE POSTER TO CHECK WITH HIS LAWYER (something you never do, since you think you know everything). This thread is not about traffic tickets, so I didn't address traffic tickets. But if you are interested in my point of view, I've ALWAYS said that everything, globally, must be reported. But again, I refuse to engage on traffic tickets with you.

Your method is to annoy, irritate and offend everyone -- you've done it to me, Boatbod, Query and the list goes on here on this thread. It is obvious for all to see.

I'll leave this thread too so you can terrorize the folks with "your version" of reality.
 
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It is my intention and most of the people here to help and guide one another in this site to a productive outcome of people immigration issues. Since I have been in this country, I have had at least 5 immigration lawyers and still do. I only answer to questions I already know, if I dont, I ask one of my lawyers and answer one's question. As you all know, immigration issues are vital for each one of us living in the US and effects our lives more than anything. So, please either try to help if you can or stop making the siutations worse for the people who are in need of an assistance. Be a good example and look at each issue here as it is yours. You never know, maybe you will be in the same boat as the person who is seeking help.

Best luck to all of you, SHAFFI
 
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naturalizer123 said:
Ok, this is just getting very interesting. What about a parking ticket you had in a foreign country about 15 years ago, and yes, it is issued by a law enforcement officer, which is also defined differently in this country. According to your comment, if you fail to report that, I guess you will be deported?
Click to expand...

No. What meant is some "crimes" (murders, drug traficking, jail time over xxx days) are subject for deportation. Actually, there is a list somewhere. I will look for it and post it. Also, this list keeps of deportable crimes keeps changing as congress keeps adding to the list. That why I said he needs to talk to a lawyer becuase he mostlikely has an updated list.
Parking ticket, no big deal.
 
Most trafic violations (not all) have no intrest to the USCIS except DUI ,road rage, repeated offences and act of violence. Nevertheless, you should tell the USCIS about your trafic violations so they cant come back and say "why did you not tell us aout that?"

I hope this helps, Shaffi
 
I completely agree with SHAFFI's sentiments -- the goal is to help the poster, to educate ourselves and be a community of support. Please try to keep that goal (and tone) in your comments here. Vitriol has no place on these boards.
 
My 2 cents

There is a question on N400 form asking "Have you ever been arrested, detained by any law inforcement officer ..." I had 3 speeding tickets: 1 last year and 2 about 6 years ago. I paid all of them, 2 of which were chalenged in the court. I have no record of those tickets from 6 years ago, so when I went to the police station to obtain my records, I got a piece of paper which stated that I have no records on my file. So I decided to answer N400 question "Yes" but only specify my recent ticket (I didn't want to write wrong dates with my old tickets).
So, on the interview I was asked about that question which I marked "Yes" and I answered that I only specified what I remember but I had 2 other tickets long time ago. I was asked if I paid them; I said "Yes, I did." Then officer said that traffic violations such as speeding or parking tickets are NOT what they are interested in that question and there was no need to mark that question "Yes".
So, I do NOT think that they might be interested in any violation in this or any other country unless it's a criminal act. This is just my opinion.
Regards.
 
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