drunken behavior (buying liquor as minor) to affect citizenship? (also, in and out of USA

[keechan]

hello guys, i need to ask for advice from people here. when i was 17, i went into a grocery store, took a sip of alcohol (i forgot which kind) then went to the cashier to pay for it- of course they wouldnt sell me the alcohol. i wasnt charged of theft because the cop said i cant be charged of theft since i was trying to pay for the bottle. i was young and stupid and had a very VERY bad day. i got arrested, i resisted arrest (so they say) then went to the judge. she said i had to get my GED adn get a job and then gave me a fine. am i under probation? i paid the fine ($460). im studying for my GED which is hard for me, and right after getting my GED ill get a job. will this affect my citizenship?

also, my grandmother lives in the Philippines. she has a farm, she's very old and she tends for the farm by herself. we are Igorots you see (indigenous) and farm work is part of our culture. every year,i go back to the philippines to help her out.

i asked around and a lot of people said "IF they ask you if you've been out of the US, just say 'a few times only'". they told me to just not be specific about the exact number of days.

ive been a greencard holder for 5 years. i want to apply for citizenship as soon as possible. my sisters and father are also applying but they went ahead without me because i need to ask for advice on how to go about this.

can i file for citizenship now and do you think ill get rejected? if i dont pass for citizenship, what will happen to my filing fee? 700usd is a lot for a guy like me who is still unemployed and studying for me GED. please advice,

i really need some of your advice, please help, thank you

-keechan;s husband

 

[Bobsmyth]

What was the exact charge(s) you admitted guilt to in court and when did they occur (ie how old are you now?)
Also, how long and often are your trips to the Philippines?

 

[baikal3]

hello guys, i need to ask for advice from people here. when i was 17, i went into a grocery store, took a sip of alcohol (i forgot which kind) then went to the cashier to pay for it- of course they wouldnt sell me the alcohol. i wasnt charged of theft because the cop said i cant be charged of theft since i was trying to pay for the bottle. i was young and stupid and had a very VERY bad day. i got arrested, i resisted arrest (so they say) then went to the judge. she said i had to get my GED adn get a job and then gave me a fine. am i under probation? i paid the fine ($460). im studying for my GED which is hard for me, and right after getting my GED ill get a job. will this affect my citizenship?

also, my grandmother lives in the Philippines. she has a farm, she's very old and she tends for the farm by herself. we are Igorots you see (indigenous) and farm work is part of our culture. every year,i go back to the philippines to help her out.

i asked around and a lot of people said "IF they ask you if you've been out of the US, just say 'a few times only'". they told me to just not be specific about the exact number of days.

ive been a greencard holder for 5 years. i want to apply for citizenship as soon as possible. my sisters and father are also applying but they went ahead without me because i need to ask for advice on how to go about this.

can i file for citizenship now and do you think ill get rejected? if i dont pass for citizenship, what will happen to my filing fee? 700usd is a lot for a guy like me who is still unemployed and studying for me GED. please advice,

i really need some of your advice, please help, thank you

-keechan;s husband

Regarding the arrest: before submitting the N-400 you need to find out EXACTLY what you were convicted of and what the disposition of your court case is. Go to the court where your case was heard and request a complete copy of your file from the court clerk. Your file will have all the details. You must disclose the arrest on N-400 (if you file one) and you will need to provide copies of the court documents regarding the disposition of your case. Do not file N-400 until you have obtained that information. Depending on what exactly you were found guilty of it may or may not be a good idea to file N-400 now.

Regarding foreign trips: I don't know who "they" are (that you mention in your post) but "they" were giving you wrong advice.
You are required disclose all foreign trips since the time of becoming an LPR and you must provide as precise dates for those trips as is reasonably practical. The IO will need this information to determine your eligibility for naturalization and saying that you have been out of the U.S. "a few times only" simply won't cut it. Get the precise info about your foreign trips before you file N-400.

 

[keechan]

Thank you both, I'm really enlightened now. A lot of hearsay I shouldnt put much trust on.

I am 19 now, the alcohol mishap happened when i was 17 and the hearing happened when i was 18. I went to the Philippines August 26th 2010 and came back to the US November 6. I dont know the exact dates of my previous flights because I dont have my expired passport- my new passport was issued this year. Every year i went to the Philippines, I'm so sorry I didn't know it would affect my citizenship this much...

I'll try to get a copy of those files but those happened in illinois and I'm with a relative in jersey right now because he has medical emergency. Can my dad get those copies on my behalf? will it take a long time? I dont know the exact charge.

 

[baikal3]

Thank you both, I'm really enlightened now. A lot of hearsay I shouldnt put much trust on.

I am 19 now, the alcohol mishap happened when i was 17 and the hearing happened when i was 18. I went to the Philippines August 26th 2010 and came back to the US November 6. I dont know the exact dates of my previous flights because I dont have my expired passport- my new passport was issued this year. Every year i went to the Philippines, I'm so sorry I didn't know it would affect my citizenship this much...

I'll try to get a copy of those files but those happened in illinois and I'm with a relative in jersey right now because he has medical emergency. Can my dad get those copies on my behalf? will it take a long time? I dont know the exact charge.

Regarding travel dates: if you don't have the precise dates, write approximate ones (plus minus a few days).

I am not sure about your dad being able to get a copy of your court file. There may be some privacy regulations here, I am not sure. However, if you give your dad the general power of attorney (you should be able to notarize such a form in NJ and mail it to him in Illinois), that'd probably be enough for him to get the records.
Also, regarding your arrest: what really matters for immigration purposes is not what you were initially charged with, but rather what you were actually found guilty of.

 

[Al Southner]

Thank you both, I'm really enlightened now. A lot of hearsay I shouldnt put much trust on.

I am 19 now, the alcohol mishap happened when i was 17 and the hearing happened when i was 18. I went to the Philippines August 26th 2010 and came back to the US November 6. I dont know the exact dates of my previous flights because I dont have my expired passport- my new passport was issued this year. Every year i went to the Philippines, I'm so sorry I didn't know it would affect my citizenship this much...

I'll try to get a copy of those files but those happened in illinois and I'm with a relative in jersey right now because he has medical emergency. Can my dad get those copies on my behalf? will it take a long time? I dont know the exact charge.

You need to be clear in your travel dates (approximates are fine,) but don't attempt to omit anything from your travel or you will have problems with USCIS. If you travel to PH every year, clearly indicate this issue. As for your alcohol indiscretion, USCIS will make a determination on this issue. Court records like medical records are subject to strict privacy laws, and since you are an adult, your father won't succeed unless he runs into a poorly trained court clerk.

 

[baikal3]

As for your alcohol indiscretion, USCIS will make a determination on this issue. Court records like medical records are subject to strict privacy laws, and since you are an adult, your father won't succeed unless he runs into a poorly trained court clerk.

Yeah, but what if his gives his dad the general power of attorney? Wouldn't that be enough to get the records?

Also, from some courts it might be possible to request records by mail, by supplying a written request with copies of some IDs like driver's license - at least that is possible for things like traffic related convictions. It might be a good idea to call the court clerk for the court in question and ask them what the rules are for record requests.

 

[Jackolantern]

i got arrested, i resisted arrest (so they say) then went to the judge. she said i had to get my GED adn get a job and then gave me a fine. am i under probation?

You might be under probation, with the GED being a condition of ending the probation.

I dont know the exact dates of my previous flights because I dont have my expired passport- my new passport was issued this year.

They don't return your old passport when you apply for renewal?

Approximately how much time did you spend outside the US each year ... a few days? A few weeks? More than 6 months?

Try to find the travel dates by asking family members you traveled with or visited, and looking up old emails, and looking in your parents and sisters passports if you traveled with them.

 

[keechan]

hey guys- thank you for replying, my husband made a new thread which has the charges in more detail. we dont have his old passport right now but there was one stay in 2008 where he stayed for 1 year and 6 months. he even enrolled in the PH while he was a greencard holder which made him stay for almost a year... his family wasn't aware of the permits needed in cae a minor son was going to study abroad.

 

[jayoa]

Call the court where your charges were for what you need to do to get the disposition. Usually they will need to to request it in writing, so write them with your NJ address (or wherever you currently are) so they can mail it to you there.

 

[Stanley Hermosillo]

I think that certainly it will help your case if you actually get your GED as the judge ordered. Not doing so makes it seem like you're ignoring the order.

 

[BigJoe5]

I am addressing this and the other thread that you started.

*********************************

He got his greencard when he was 15, got arrested at least twice at ages 15 and 17 (with at least 4 charges among them--marijuana posession, alcohol by minor, "look alike" drug posession, and assault/resisting arrest) and he is now 20. His mom is a USC.

He got kicked out of high school. One of the things that a judge asked him to (or "ordered" him to do???) was get a GED. He has not.

He has travelled back to P.I. excessively. He had at least one trip over one year ?beginning or ending? in 2008.

He is NOT now eligible to file an N-400.

When did mom naturalize? How old was he and did he have a greencard when she naturalized? WHERE was he when she naturalized? IF he was abroad when she naturalized, how old was he when he returned to the U.S.?

 

[keechan]

thank you.

his mom was naturalized a few months ago- late 2010. he was 19 years old and a greencard holder at the time.he wasnt charged with alcohol by minor- instead they charged him of theft. we're still studying for his GED. so yes, four of them. marijuana possession, theft, look alike drug possession, assault/resisting arrest.

the trip began late 2008 and came back to the US early 2010. he returned to the US year 2010, 18 years old, turned 19 here in the US.

 

[BigJoe5]

thank you.

his mom was naturalized a few months ago- late 2010. he was 19 years old and a greencard holder at the time.he wasnt charged with alcohol by minor- instead they charged him of theft. we're still studying for his GED. so yes, four of them. marijuana possession, theft, look alike drug possession, assault/resisting arrest.

the trip began late 2008 and came back to the US early 2010. he returned to the US year 2010, 18 years old, turned 19 here in the US.

He did not gain USC through his mom. He's lucky he was allowed to keep his LPR status after an absence of over one year without a re-entry permit.

He has to maintain his residence for at least 4 years and 1 day after returning from the last long trip. Take no trips over 6 months. Steer clear of troubles with the law. Get off probation (he's probably on probation and doesn't understand it.). He nees to consult a lawyer BEFORE filing an N-400 with full disclosure of the court documents to see if he is in danger of deportation or if any of his convictions throw up a 5 year bar to naturalization.

SEE:

8 CFR 316.10 Good Moral Character.

(b) Finding of a lack of good moral character. (1) An applicant shall be found to lack good moral character, if the applicant has been:

(ii) Convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. [Stay away from drugs and violent acts. Multiple drug charges or certain violent crimes CAN add up to an aggravated felony--for now, he's not there yet, stay that way.] [Lifetime bar.]

(2) An applicant shall be found to lack good moral character if during the statutory period the applicant: [5 year bar.]

(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act; [Resisting arrest MAY be a CIMT, depends on the actual wording of the statute and evidence in the record.]

(iii) Violated any law of the United States, any State, or any foreign country relating to a controlled substance, provided that the violation was not a single offense for simple possession of 30 grams or less of marijuana; [You only get ONE pass at this statutory exception. An additional problem MAY qualify for ameliorative relief under the Federal First Offender Act (FFOA) [18 USC 3607] or a State equivalent treatment.] SEE: http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc18.wais&start=5291039&SIZE=3927&TYPE=TEXT

 

[baikal3]

thank you.

his mom was naturalized a few months ago- late 2010. he was 19 years old and a greencard holder at the time.he wasnt charged with alcohol by minor- instead they charged him of theft. we're still studying for his GED. so yes, four of them. marijuana possession, theft, look alike drug possession, assault/resisting arrest.

the trip began late 2008 and came back to the US early 2010. he returned to the US year 2010, 18 years old, turned 19 here in the US.

Since his mother became a USC after he turned 18, he did not obtain derivative citizenship and is not a USC. Also, the trip abroad from late 2008 to early 2010 was over a year in duration and thus disrupted his continuous residency requirement. (Incidentally, how did he manage to get back in the the U.S.? Did he have a reentry permit?)
So, quite aside from arrests and convictions and good moral character issues, at the earliest he may be eligible to apply for N-400 is four years plus one day after the return from that trip in early 2010 (meaning, at the very earliest, being able to apply in early 2014, but no sooner).