Criminal Arrest and Good Moral Character (no conviction)

[breitling]

About a year ago, I been arrested on a strong armed robbery, which is very serious felony, (up to 15 years), this whole thing came from my own stupidity, but I reacted very fast on it, good lawyer and everything, and they decided not to even charge me. (whole thing been wrapped up in a month's time).

Now, I should of naturalized long ago, another mistake on my part, but, I'm doing it now (haven't actually filed yet), and from my understanding, in order for this to affect my good moral character, I would of had to been actually convicted.

But it is a thing to worry about, or am I just being paranoid?

 

[poongunranar]

About a year ago, I been arrested on a strong armed robbery, which is very serious felony, (up to 15 years), this whole thing came from my own stupidity, but I reacted very fast on it, good lawyer and everything, and they decided not to even charge me. (whole thing been wrapped up in a month's time).

Now, I should of naturalized long ago, another mistake on my part, but, I'm doing it now (haven't actually filed yet), and from my understanding, in order for this to affect my good moral character, I would of had to been actually convicted.

But it is a thing to worry about, or am I just being paranoid?

Yes and No. "Felony" is serious offense and what is felony or not is determined by the statutes in the State the alleged crime took place. In this case, you weren't convicted, but, obviously were arrested and charged. So, you will have to disclose it obviously. Depending on the entire disposition and the papers being in order, the USCIS should be able to move forward, I guess. If there is no conviction for a felony, there is enough room within Immigration Law to construe offenses that weren't convicted to be "aggravated felony for immigration purposes." So, you may need to consult an Immigration attorney (not just a criminal attorney) to see if this is a possibility in your case.

 

[sanjoseaug20]

So, you may need to consult an Immigration attorney (not just a criminal attorney) to see if this is a possibility in your case.

I agree. If you were not convicted, "usually" you should not have to worry about it. However, seeing the seriousness of potential charges, I would advise you to hire an attorney to manage your N400 process ... if funds is not an issue. Otherwise, you can always hire an attorney if the interview does not go well.

 

[breitling]

Interesting, thanks for the advice.

Should I see an attorney right away, or wait till USCIS brings it up?

Perhaps seeing one right away is the smartest decision cause then I'd be able to file it properly.

Just stupid. I can't believe this I brought myself onto this in the first place.

 

[z28eater]

Well I can tell you from my own personal experience, and everyone may have a different one. But my immigration officer said to me when I went for my interview in Jan that he was happy to see that my arrests were older than ten years ago. I was arrested back in 94 and 98 with no conviction of any kind. He did mention that if the arrest was younger than 5 years then I would have had a problem even though I don't have a criminal record. It finally took them 6 months to approve my case, after I had to go to the congressman's office several times, go back home to Canada to get another police certificate showing I have no criminal record. I submitted 10 different court documents proving that, but yet someone in the Washington DC office couldn't read English. What I couldn't understand is when I went for my green card, I didn't have a problem. I showed the paper work and was asked what had happened and that was it.

You may or may not have a problem, I guess it depends on a lot of factors. Immigration officer for one, and do they think you lack good moral character for getting arrested and charged since this would have been a felony. I would speak with a good immigration lawyer and see what he/she has to say.
Best of luck

 

[namecheckvictim]

There is no problem at all, send the disposition of the case when you file N-400. Remember in this country you are presumed innocent until found guilty, arrest or no arrest. You were NOT convicted.
No need to even get a attorney if the charges were dropped, He/She would'nt have any effect in your case. You could be arrested for number of times but if it did not result in a conviction it means nothing. Remember there are some CIMT's that are not even felony and are deportable and there are some felonies which are not deportable but render you inadmissable.
Any type of arrest unless under municiple court ordinance or failure to appear in court on minor Traffic infractions almost definitely result in a Visit to secondary room upon re-entry into US to detremine inadmissibility or deportation issues resulting from that arrest.
After Naturalization atleast you will not have a secondary inspection to determine these issues, which in return save unneccessary hassle.

Z28eater had a delay most likely because of FBI name check and you are likely to have a little delay because of that also.

Also if i were you I will go ahead and request to expunge the arrest records if the charges were dismissed, you can go to the County where the arrest occured and file it yourself. It just don't make any sense to carry that kind of baggage if it was dismissed.

 

[breitling]

There is no problem at all, send the disposition of the case when you file N-400. Remember in this country you are presumed innocent until found guilty, arrest or no arrest. You were NOT convicted.
No need to even get a attorney if the charges were dropped, He/She would'nt have no effect in your case. You could be arrested for number of times but if it did not result in a conviction it means nothing. Remember there are some CIMT's that are not even felony and are deportable and there are some felonies which are not deportable but render you inadmissable.
Any type of arrest unless under municiple court ordinance or failure to appear in court on minor Traffic infractions almost definitely result in a Visit to secondary room upon re-entry into US to detremine inadmissibility or deportation issues resulting from that arrest.
After Naturalization atleast you will not have a secondary inspection to determine these issues, which in return save unneccessary hassle.

Interesting, and yes that was my thinking too, this country is based on "innocent until proven guilty", this is as American as it gets. I'll talk to my original lawyer first I suppose, while he isn't immigration, he does do his work in a city with heavy immigrant population, now I think about it, pretty sure this wouldn't be his first case of kind.

 

[z28eater]

"Z28eater had a delay most likely because of FBI name check and you are likely to have a little delay because of that also."

NO that was not the case at all, not only did I find out that my finger prints were clear so was my name check before I went to the interview. I contacted the FBI before hand. The immigration officer also confirmed that fingerprints and name check was clear during my interview. I love the way you say your presumed innocent until found guilty. If so can you explain to me why after presenting the same documents for the last 6 years of my journey did the officer think I had a criminal record? Not only did I have 10 court dispositions showing NO CRIMINAL RECORD, my prints in both countries came back clean along with my name check. So no your guilty until you prove yourself innocent! Burden of proof is on you. In my case I had to go to Canada and get an RCMP certificate showing NO CRIMINAL RECORD, once I sent that in believe it or not 2 weeks later I was approved.
Like I said it depends on the officer, some are efficient and others are not. Because you were arrested, your file will have to be reviewed by a supervisor for the final decision.

 

[Jackolantern]

There is no problem at all, send the disposition of the case when you file N-400. Remember in this country you are presumed innocent until found guilty, arrest or no arrest.

For immigration law things are different. You are often presumed guilty until proven innocent. Cases that were dismissed by the court can be deemed convictions under immigration law, depending on the circumstances. USCIS is like an extra judge and jury with their own determination of what is a conviction.

http://www.murthy.com/news/n_convic.html

Dismissal : Even a Possible Conviction for Immigration Law Purposes

Unless a case is dismissed on its merits by the Court, or for failure on the part of the prosecution to prosecute the case, it is fairly common for a dismissal to be regarded as a conviction under immigration law. When there is a dismissal of a criminal case, it is always necessary to look at the procedure that led to that dismissal in order to assess if there is a conviction under immigration law.

Similarly, they have their own definition of felony; a misdemeanor under state law can be classified as an "aggravated felony" in immigration law, and can lead to deportation.

The OP should consult an immigration attorney (preferably two or three) before applying, giving the full details of the case (court disposition included) to determine whether it could be considered a conviction under immigration law.

However, there is no need to have the attorney process the case from end to end; after the initial consultation if the decision is made to go ahead with it, he can submit the N-400 and complete the rest of the process himself.

 

[Jackolantern]

Interesting, and yes that was my thinking too, this country is based on "innocent until proven guilty", this is as American as it gets.

But when you are not American, you don't get the full set of rights and privileges given to Americans.

For example, under immigration law they can retroactively increase the penalties for an offense. Some crimes that were previously classified as not deportable were retroactively classified by a 1996 law as deportable offenses, resulting in numerous people being deported for what they did 20+ years ago after they thought they'd already done the time and moved on with their lives.

If they did something like that to citizens, retroactively increasing the penalty for a crime after the sentence has been given, it would be found unconstitutional, but with noncitizens they can get away with crap like that.

 

[Jackolantern]

Should I see an attorney right away, or wait till USCIS brings it up?

If you wait until USCIS brings it up, you might be facing deportation if what you did is treated as a conviction under immigration law. Before applying you need to know what your real risk would be if you go ahead and apply.

 

[breitling]

If you wait until USCIS brings it up, you might be facing deportation if what you did is treated as a conviction under immigration law. Before applying you need to know what your real risk would be if you go ahead and apply.

Might as well postpone this for another 10 years.

 

[baikal3]

Might as well postpone this for another 10 years.

That may not be necessary. But, as Jackolantern said, you should consult an immigration lawyer now to find out exactly what your situation is in relation to the immigration law.

 

[Lolitochka]

I agree with Jackolantern,
Consult/hire an experienced AILA member attorney before applying, sounds like the charges were serious. Since you are not a citizen yet, you don't have all the rights yet, so don't risk it in order to save money, go see an attorney,
Good luck

 

[Mickey_32]

USCIS actually says this in their instructions for citizenship aplication, that you could face deportation based on the information on your application. If you have any risky issues that are not affecting you now as a perm res (such as the one you described), but can open you to renewed scrutiny and possible legal action by USCIS once you apply for naturalization, it is advisable to consult an attorney before doing anything.

 

[Bobsmyth]

About a year ago, I been arrested on a strong armed robbery, which is very serious felony, (up to 15 years), this whole thing came from my own stupidity, but I reacted very fast on it, good lawyer and everything, and they decided not to even charge me. (whole thing been wrapped up in a month's time).

Now, I should of naturalized long ago, another mistake on my part, but, I'm doing it now (haven't actually filed yet), and from my understanding, in order for this to affect my good moral character, I would of had to been actually convicted.

But it is a thing to worry about, or am I just being paranoid?

You were arrested for armed robbery but the charge was dismissed? Was this a total misunderstanding or something between you and the victim?
Unless you pleaded other than not guilty or agreed to some sort of penalty or deferred jugement, I don't see this as being an issue for naturalization.

 

[breitling]

You were arrested for armed robbery but the charge was dismissed? Was this a total misunderstanding or something between you and the victim?
Unless you pleaded other than not guilty or agreed to some sort of penalty or deferred judgment, I don't see this as being an issue for naturalization.

it wasn't armed robbery, but strong arm, meaning no actual weapons were used.

Yes, it was total misunderstanding, however there was nothing I can do about my case until after I was arrested and made bond, they wouldn't absolutely hear it, but I got it straightened out at the end. And no, I pleaded not guilty, and filed for the case to be thrown out, and it was.

But yes, you guys are absolutely right, I didn't see magnitude of the situation until now, I'll definitely will be contacting a lawyer and doing this the safest way possible. Can't be too careful about things like this, you can't put a price on just being here, and I'm not going to lose that for anything.

 

[Bobsmyth]

it wasn't armed robbery, but strong arm, meaning no actual weapons were used.

Yes, it was total misunderstanding, however there was nothing I can do about my case until after I was arrested and made bond, they wouldn't absolutely hear it, but I got it straightened out at the end. And no, I pleaded not guilty, and filed for the case to be thrown out, and it was.

But yes, you guys are absolutely right, I didn't see magnitude of the situation until now, I'll definitely will be contacting a lawyer and doing this the safest way possible. Can't be too careful about things like this, you can't put a price on just being here, and I'm not going to lose that for anything.

You pleaded not guilty, the charges were dropped so no conviction for immigration purposes. It's a non issue for naturalization and GMC determination.
The suggestion to seek a lawyer was based on the fact that some dismissals can be counted as convictions..in your case it doesn't.

 

[namecheckvictim]

Hi,
I was saying all along you can go ahead and File N-400 and stand behind it by experience.
My Brother having long list of Traffic tickets, Two Domestic assault arrests, One 3rd Degree, One Second degree, Both charges dismissed for failure to prosecute. And then more seriously helping one of my Cousin marry his Girlfriend for GC, he comes here stays for four years and he beats his GF up again ( The second 3rd degree assault mentioned above ), she goes to USCIS tells on him next morning, he gets arrested, my cousin gets arrested, gets deported even though he already had his N-400 interview but no oath till that time ( poor him ).
My brother gets charged with conspiracy to commit Federal visa fraud charge a felony ( all this while he is just a GC holder ), gets a plea deal basically really a slap on his wrist, original indictment gets dismissed and he pleads on, Aiding and abetting for failure to register with the special registration requirement because by getting my Cousin a GC he helped him not to register with the Special registration requirements (It was for Non immigrants). I was surprised the Fed Judge accepted that plea versus a serious charge, he only gets $500 fine and two years probation. So from getting definite deportation to have this measly charge and be a Citizen now, he got real lucky there.
All of this history files for N-400 and gets Citizenship in record time. 3 Months and few days.
How? Two Domestic's were dismissed. The federal Visa fraud charge amended to a misdemeanor.
So three criminal arrests and one conviction later he gets naturalized, and me that have never been arrested not even a speeding ticket gets stuck in name check hole and have to file a lawsuit to get my Citizenship.
So all the arrests with no conviction or pleadings do not make a difference.

And no he filed his N-400 himself, No attorneys.
He told me at the N-400 interview he joked to IO about how thick his A-File was and he probably have never seen one like that before with all that crap and he goes "Oh I have seen worse getting approved". And gives him a Oath letter after a wait of 45 Min after interview.

 

[baikal3]

Hi,
I was saying all along you can go ahead and File N-400 and stand behind it by experience.
My Brother having long list of Traffic tickets, Two Domestic assault arrests, One 3rd Degree, One Second degree, Both charges dismissed for failure to prosecute. And then more seriously helping one of my Cousin marry his Girlfriend for GC, he comes here stays for four years and he beats his GF up again ( The second 3rd degree assault mentioned above ), she goes to USCIS tells on him next morning, he gets arrested, my cousin gets arrested, gets deported even though he already had his N-400 interview but no oath till that time ( poor him ).
My brother gets charged with conspiracy to commit Federal visa fraud charge a felony ( all this while he is just a GC holder ), gets a plea deal basically really a slap on his wrist, original indictment gets dismissed and he pleads on, Aiding and abetting for failure to register with the special registration requirement because by getting my Cousin a GC he helped him not to register with the Special registration requirements (It was for Non immigrants). I was surprised the Fed Judge accepted that plea versus a serious charge, he only gets $500 fine and two years probation. So from getting definite deportation to have this measly charge and be a Citizen now, he got real lucky there.
All of this history files for N-400 and gets Citizenship in record time. 3 Months and few days.
How? Two Domestic's were dismissed. The federal Visa fraud charge amended to a misdemeanor.
So three criminal arrests and one conviction later he gets naturalized, and me that have never been arrested not even a speeding ticket gets stuck in name check hole and have to file a lawsuit to get my Citizenship.
So all the arrests with no conviction or pleadings do not make a difference.

And no he filed his N-400 himself, No attorneys.
He told me at the N-400 interview he joked to IO about how thick his A-File was and he probably have never seen one like that before with all that crap and he goes "Oh I have seen worse getting approved". And gives him a Oath letter after a wait of 45 Min after interview.

Look: I understand your frustration (I was stuck in the name-check myself for over 2 years - see my sig), but you really should be more careful with giving people advice, like "So all the arrests with no conviction or pleadings do not make a difference." Your brother was lucky that his application went smoothly and there were no problems. In general, a great deal in the N-400 process depends on luck (both in terms of the name-check and in terms of what kind of an IO will get your case). However, for people with criminal offenses/arrests there is a real substantive risk that their offenses might be deportable. See jackolantern's posts above. In such cases it is definitely worth the trouble to consult an attorney first, before filing N-400, to make sure that the applicant is not deportable.