Expunged Conviction in New York Applying for Citizenship in Md

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Hi ,
I was convicted of petty larceny in NY. I was convicted of disorderly conduct PENEL CODE 240.20 on 05/25/2006 in NEW YORK . The actual arraignment charges applied were 155.25.165.40.

I performed 6 days of community service. Paid some $75. After a 1 year (5-26-2007) the charges were expunged. I have disposition letter from the NY court.

When I applied for my green card in July 2006 , in the I-485 / green card file I revealed that I was charged, convicted and arrested and my charges were expunged. I got my green card in August 2007 on the bases of VAWA (Violence against women act).

Now, I have been living in Maryland for the last 3 years.(Since September 2007)

I have applied for neutralization.

I am scared that I shall not be deported or citizenship should not be denied because of my conviction which is disposed almost 4 years old.
I have no charges against me after that incident.

I am filing my tax returns every year.

Do you think I can still be denied the citizenship? Or I can be deported ?

I would appreciate your response.

Regards
 
help_search said:
I have applied for neutralization.
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That is by far the funniest thing I have read here. Nice laugh. Comes right up there with Taxes/Texas.

Listen, you are either convicted of Petty Larceny or Disorderly Conduct. A case of PL can screw up your GMC but a DC conviction not so much. (Or were you convicted of both?)

I think you were caught doing PL but only charged with DC. DC should not cause any trouble with any stage of the immigration process.

Your story does not add up though. Can you provide us with a clearer picture of all the events with their approx dates - then we can help you.

On what basis are you applying for "Neutralization" ?
 
help_search said:
I am scared that I shall not be deported or citizenship should not be denied because of my conviction which is disposed almost 4 years old.
I have no charges against me after that incident.
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You mean to say you're scared that you will be deported and that you will be denied citizenship.

Were the charges the result of one crime? Both are considered CIMT and can preclude you from establishing GMC for naturalization. To be safe, you should have waited 5 years after the conviction date in order to apply for naturalization.
In any case,you need to discuss the issue in greater detail with an immigration lawyer specialized in criminal law to determine the full immigration consequences of your convictions.
 
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I really don't think Disorderly Conduct is considered a CIMT.

If an immigrant has a theft case, they should try to get their case down to a Disorderly Conduct conviction is what I've heard.

Or in this case, was she charged with both?
 
ZeusNero said:
I really don't think Disorderly Conduct is considered a CIMT.

If an immigrant has a theft case, they should try to get their case down to a Disorderly Conduct conviction is what I've heard.

Or in this case, was she charged with both?
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The OP was charged with 165.40 (possession of stolen property) and 155.25 (petit larceny). Both are considered CIMTs. While the conviction of disorderly conduct 240.20 isn't considered a CIMT, the petit larceny conviction is.

http://www.immigrantdefenseproject.org/docs/06_QuickReferenceChartforNewYorkStateOffenses.pdf
 
That means it's not a crime, since only mis'd and felonies are considered crimes; but should be disclosed on N-400 anyway.

But let's hear what this lady has to say. Her story is not making sense right now.
 
Hi All,

Thank you for your responses.

I think i stated very clearly in my email what I have gone through.

I was divorced in 2005.
I was given temporary green card for 3 year.
In May 2006, I was originally charged with the 155.25 165.40 which were reduced to disorderly conduct 240.20 by the judge. I was also given 6 days of community service and $75 fine.

In July 2006 I applied for I-485 based on VAWA. In the I-485 I mentioned about the above incident. I received my green card in August 2007 in NewYork. The IO didn't even ask a single question on that and said I need not to worry of that.

Now, I have moved to Maryland. I had one bad experience when I visited India in 2008 for my marriage. When we returned from India at the port of entry in D.C I was placed in deferred inspection. At the deferred inspection they put me in the deportation and detained me. After a day they realized I was not deportable (thanks to my lawyer ) .They release me without any paperwork. I also got my passport stamped with LPR entry on it.

Now, I am about to complete 3 years period to apply for citizenship. I am to appear for interview at Baltimore, MD.

My concern is that different state treats disorderly conduct differently. Should this affect my citizenship ? or does it make me deportable? The one incident at the D.C airport scares me off.

FYI, now, I have married a to non-citizen. My husband is on H1. We have a child as well.

Now, I am concerned about those charges.

Will it hamper my citizenship ? Or Can they deport me?


Regards
 
Thank you for the response.

I have a few questions.

The 165.40 and 155.25 were original charges Both were reduced to a single charge of 240.20. It was also expunged after 1 year.

Does it make difference? What do they look at ? the original charges or the final punishment (Which is not a CMIT)?

Most importantly it was in New York.

Now, I am applying for citizenship in Maryland.

Does this also make any difference?



I would appreciate your response.

Regards
 
help_search said:
I was convicted of petty larceny in NY. I was convicted of disorderly conduct PENEL CODE 240.20 on 05/25/2006 in NEW YORK
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help_search said:
The 165.40 and 155.25 were original charges Both were reduced to a single charge of 240.20. It was also expunged after 1 year.

Does it make difference? What do they look at ? the original charges or the final punishment (Which is not a CMIT)?
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So your original post that you were convicted of petty larceny was incorrect?
Do the court documents show what you actually pleaded guilty to? Conviction for immigration purposes is defined by what you pleaded to original charges. If you weren't required to plead to original charges and only pleaded guilty to disorderly conduct, then you should be fine.
 
Thank you for your quick response.

I didn't clarify properly in my first message.

I was arrested for the charges of 155.25 and 165.40.

When I appeared in front of the judge the charges were reduced to disorderly conduct and I was convicted of disorderly conduct NY PENEL code 240.20.

I have court disposition letter with white seal on it.

it also says the charges /convicted of 240.20 and the letter stats Expunged.

Does this conviction of New York will affect in my interview in Maryland?

I think my question is that how does the state government (Maryland) treat the judgment of another state (NY)?

Will they look only at the final charges or would like to know about more of the original charges and the result will be based on which charges?

Regards
 
help_search said:
Thank you for your quick response.

I didn't clarify properly in my first message.

I was arrested for the charges of 155.25 and 165.40.

When I appeared in front of the judge the charges were reduced to disorderly conduct and I was convicted of disorderly conduct NY PENEL code 240.20.

I have court disposition letter with white seal on it.

it also says the charges /convicted of 240.20 and the letter stats Expunged.

Does this conviction of New York will affect in my interview in Maryland?

I think my question is that how does the state government (Maryland) treat the judgment of another state (NY)?

Will they look only at the final charges or would like to know about more of the original charges and the result will be based on which charges?

Regards
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They look at the original charges to determine if you pleaded guilty to them. Since you had a plea bargain and pleaded guilty to a lesser charge of disorderly conduct, you should be fine. Worst case scenario is that they deny you for not meeting GMC, but you can successfully appeal it by proving otherwise (ie:disorderly conduct is not a CIMT).
 
Bobsmyth said:
They look at the original charges to determine if you pleaded guilty to them. Since you had a plea bargain and pleaded guilty to a lesser charge of disorderly conduct, you should be fine. Worst case scenario is that they deny you for not meeting GMC, but you can successfully appeal it by proving otherwise (ie:disorderly conduct is not a CIMT).
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Should the OP mention 155.25 and 165.40 as she is charged only under 240.20???. She should take all records of court for interview and that would have no mention of earlier charges. The IO would decide the case based on records available. I am not advising OP to lie to IO. I am only advising her not to volunteer to much info to IO. Is my approach correct????
 
madh4 said:
Should the OP mention 155.25 and 165.40 as she is charged only under 240.20???. She should take all records of court for interview and that would have no mention of earlier charges. The IO would decide the case based on records available. I am not advising OP to lie to IO. I am only advising her not to volunteer to much info to IO. Is my approach correct????
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The OP must disclose the original charges as well as the outcome on application.It's not a matter of providing too many details, but providing required information. For example, why were you charged? :soliciting prostitute, outcome: charges dismissed.
 
Bobsmyth said:
The OP must disclose the original charges as well as the outcome on application.It's not a matter of providing too many details, but providing required information. For example, why were you charged? :soliciting prostitute, outcome: charges dismissed.
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My interview went fine on October 6, 2010. I had decided to change my name so that my last name is same as that of my husband's. I was told that I will receive a letter for oath by mail.

I was given a letter stating that your application for neutralization has been recommended with 99% .... (I don't recall the exact wording) but I do have letter.


It has been a month I haven't received letter to appear for the oath.

I am getting worried. Can they still deny me the citizenship?

or is it a normal time line to get oath letter after a while? How long does / much delay it could take in MD for oath ceremony?

Is there any place where I can look for the progress on my case? or any probable date of oaths?

I would appreciate your responses.

Regards
 
help_search said:
I was given a letter stating that your application for neutralization has been recommended with 99%
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So much for your future plans on having kids.;)

You've been recommend for approval. Don't worry, you'll be fine. It can take several months to receive oath letter. In the mean time, see if they can reverse the neutralization.
 
Bobsmyth said:
So much for your future plans on having kids.;)

You've been recommend for approval. Don't worry, you'll be fine. It can take several months to receive oath letter. In the mean time, see if they can reverse the neutralization.
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Hi,

Thank you very much. I already have 14 moths old son. That is why we decided to change my name. It would have created all confusion for my son, if my last name and middle is different from my son's name.


I didn't understand your comments " In the mean time, see if they can reverse the neutralization."

Do you think they can still reverse the decision? And if yes, on what bases?

I would appreciate your response.

Regards
 
help_search said:
I didn't understand your comments " In the mean time, see if they can reverse the neutralization."
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I was poking fun at your misspelling of the word naturalization. Neutralization suggests an operation you have so that you can't have children (ie: sterilization).
 
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