Deferred entry of judgement in juvenile court - applying for citizenship

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jonny.tian

Registered Users (C)
Hello, I've ben in the California since 2001 and have a Green Card. The reason I did not apply for citizenship yet is that I was arrested in 2006 for computer hacking. The case went to Juvenile court because I was arrested the day after my 18th birthday.
I was able to get a Deferred Entry of Judgement for a year during which I was on probation. The case was subsequently dismissed after a year.

Now, my question is this:
Is it okay if I apply for citizenship now?
Which options on the form do I need to check (i.e. convicted, dismissed, expunged)?
Can they deport me if they find out about this?
What are the chances that I can be denied citizenship?

I would appriciate any help.
 
jonny.tian said:
Hello, I've ben in the California since 2001 and have a Green Card. The reason I did not apply for citizenship yet is that I was arrested in 2006 for computer hacking. The case went to Juvenile court because I was arrested the day after my 18th birthday.
I was able to get a Deferred Entry of Judgement for a year during which I was on probation. The case was subsequently dismissed after a year.

Now, my question is this:
Is it okay if I apply for citizenship now?
Which options on the form do I need to check (i.e. convicted, dismissed, expunged)?
Can they deport me if they find out about this?
What are the chances that I can be denied citizenship?

I would appriciate any help.
Click to expand...
"Hacking" is a broad term. What were the exact charges you pleaded guilty to?
 
Thanks for the replies!
No, my parents did not become citizens before I was 18.
and I was charged under california penal code 502(c)(2) and 502(c)(5). The case was dismissed and sealed.
On the form N-400, how do I answer these yes/no questions: 16. Have you ever been arrested, cited, or detained by ant law enforcement officer (including USCIS or former INS and military officers) for any reason?
17. Have you ever been charged with commiting any crime or offense?
18. Have you ever been convicted of a crime or offense?
19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudcation, deferred adjudication)?
20. Have you ever received a suspended sentence, been placed on probation, or been paroled?
21. Have you ever been in jail or prision?
 
17. Have you ever been charged with commiting any crime or offense?

Yes

18. Have you ever been convicted of a crime or offense?

No

19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudcation, deferred adjudication)?

Yes

20. Have you ever received a suspended sentence, been placed on probation, or been paroled?

Yes

21. Have you ever been in jail or prision?

No
 
jonny.tian said:
Thanks for the replies!
No, my parents did not become citizens before I was 18.
and I was charged under california penal code 502(c)(2) and 502(c)(5). The case was dismissed and sealed.
Click to expand...

Before you apply, make sure to check with an immigration lawyer who can review the paperwork and figure out if you could get deported, or if it would be sufficient for you to wait until 5 years after the conviction (probation is considered a conviction under immigration law, even if the case is dismissed and sealed).
 
Bobsmyth said:
As part of the deferred judgement, were you required to enter a plea in court?
In any case, consult an immigration lawyer specialized in criminal law to determine the immigration consequences of those charges.

No this was an informal juvenile court. I first pleaded not guilty. Before trial, they wanted to make a deal and I did not make another plea.
Click to expand...
 
Jackolantern said:
Before you apply, make sure to check with an immigration lawyer who can review the paperwork and figure out if you could get deported, or if it would be sufficient for you to wait until 5 years after the conviction (probation is considered a conviction under immigration law, even if the case is dismissed and sealed).
Click to expand...

5 years after start of probation or end of probation or arrest. It has been almost 5 years since the arrest and over 3 years since the end of probation and dismissal. Someone told me it's 3 years. I'm going to check with an immigration attorney; but do you think this is a deportable offence?
 
jonny.tian said:
5 years after start of probation or end of probation or arrest.
Click to expand...
It's 5 years after the conviction, not the arrest which may be months or years before the conviction.

Probation is a conviction under immigration law, so the conviction date and the start date of your probation probably are the same. But it's not always the same, so go with the date the judge initially sentenced you to probation.

It has been almost 5 years since the arrest and over 3 years since the end of probation and dismissal. Someone told me it's 3 years.
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If you've been married to a US citizen for 3 years, the statutory period is reduced to 3 years. Otherwise it's the usual 5 years. You haven't mentioned being married, so I presume the 3 year rule doesn't apply to you (correct me if you actually are married to a US citizen).

I'm going to check with an immigration attorney; but do you think this is a deportable offence?
Click to expand...
It probably isn't, but there are minor offenses that trigger deportation, so you'll have to check with an immigration attorney who can look at the details of your case to figure out if it's a deportable offense or not.
 
Bobsmyth said:
Did you later change your plea?
They wanted to offer you another deal on top of the deferred judgement ?
Click to expand...

He probably doesn't fully understand or remember the legal proceedings of a case from when he was 18, hence the confusing statements about pleading and not pleading. But we know he got probation, so regardless of the plea it's a conviction under immigration law.
 
Thank you very much for all the answers. There was only one deal and I did not make another plea. However, regardless of the plea, it's still a conviction under immigration law. I'm going to consult with an immigration attorney. Again thanks you all for the help!
 
It depends on how the state law treatment equates with the federal equaivalent.

SEE: http://www.justice.gov/eoir/efoia/bia/Decisions/Revdec/pdfDEC/reposts/3435.pdf

Matter of DEVISON, 22 I&N Dec. 1362 (BIA 2000) [Miguel DEVISON-Charles]

(1) An adjudication of youthful offender status pursuant to Article 720 of the New York
Criminal Procedure Law, which corresponds to a determination of juvenile delinquency under
the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031-5042 (1994 & Supp. II 1996), does
not constitute a judgment of conviction for a crime within the meaning of section
101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (Supp. IV
1998).

(2) Under New York Law, the resentencing of a youthful offender following a violation of
probation does not convert the youthful offender adjudication into a judgment of conviction.
 
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