Im a newbie.. need N-400 help

LateKnight

Registered Users (C)
Hello, I am a 26 years old male and have been a Legal Resident of USA since 1993. I live in NY. I have not left the country since I came here from Honduras. I am applying for my U.S. Citizenship and I have been holding it off for a long time because I am afraid that my criminal history will have some affect on it.
My First charge was in 02/04/97 For a 2nd Degree Burglary. I completed six months probation and about 30 hours of community service. ( This charge I am not too worried about since it’s been 10 years and I know it was a misdemeanor plus I was under 18 at the time)
My second charge was in 04/22/99 ( I was 17 yrs old ) for criminal possession of marijuana 2nd degree ( PL221.25) which I understand is a Class D Felony. However, once I was sentenced ( I was 18yrs old ) 1 day after my birthday, I was Disposed with criminal possession of marijuana 4th degree
(PL 221.15) which is a class A misdemeanor.
I completed 3 years probation with flying colors, I completed an outpatient rehab treatment in 2001 and I spent months going to AA and NA working the 12 step program.

Since then, I have kept my record clean. I speak perfect English, Went to college for a few years and have been working Full time for over 4 years.

At this time I am filing the N-400 form, I understand I have to be 100% honest with everything. And I dont wanna miss anything.

My questions are:

On my 2nd charge, Which will they consider? The Original charge PL221.25 (Class D Felony) or
The disposed charge PL 221.15 ( Class A Misdemeanor) ?

Can I be penalized or deported with charges like the ones I have?

Can I be penalized or deported with charges that are older than 5 years?

Is it necessary for me to involve an attorney for the interview process because of my criminal history?
 
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On my 2nd charge, Which will they consider? The Original charge PL221.25 (Class D Felony) or
The disposed charge PL 221.15 ( Class A Misdemeanor) ?
Usually the original charge is what counts for immigration purposes.
Can I penalized or deported with charges like the ones I have?

Can I penalized or deported with charges that are older than 5 years?
Yes and yes, for any excludable offense falling in the CIMT category, which I think is true for most any drug related arrests.

Is it necessary for me to involve an attorney for the interview process because of my criminal history?

Consult an attorney experienced in criminal immigration law before you send anything to USCIS.
 
Boatbod is absolutely right...this is not a fight you need to end alone. Consult an attorney experienced in criminal immigration law BEFORE you send in your N-400
 
Ok , thanks I went to see an attorney and he wanted $250 just to tell me if it was safe to send it out or not..He also mentioned about, if my parents became citizens on or before 2002, I automatically become a US citizen and all i have to do if send in the N400. Now my parents did become citizens in 2002, anyone anything about this??? I was born in 1981 so i was 20 at the time. I am not sure if it applies to me or not
 
Ok , thanks I went to see an attorney and he wanted $250 just to tell me if it was safe to send it out or not..He also mentioned about, if my parents became citizens on or before 2002, I automatically become a US citizen and all i have to do if send in the N400. Now my parents did become citizens in 2002, anyone anything about this??? I was born in 1981 so i was 20 at the time. I am not sure if it applies to me or not

Sometimes its better to consult more than one attorney.

The derived citizenship thing is an interesting angle, but unfortunately it sounds like you were already too old to benefit. i.e. you were 20 when one of your parents became a USC. Cutoff age is 18yrs. You can research "Child Citizenship Act 2000" for more info.
 
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Boatbod is absolutely right...this is not a fight you need to end alone. Consult an attorney experienced in criminal immigration law BEFORE you send in your N-400

Im really worried I found this......

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d286150e2


(2) Conditional Bars to Establishing Good Moral Character .



(A) Effect of Crime Involving Moral Turpitude (CIMT) Convictions . An applicant who commits and is convicted of or admits to committing one or more crimes involving moral turpitude during the statutory period cannot establish good moral character and is ineligible for naturalization. See 8 CFR 316.10(b)(2)(i) . However, there is an exception to the general rule, which you must consider. See section 212(a)(2)(A)(ii)(II) of the Act. The exception applies if the applicant has committed only one CIMT and the crime is a petty offense. A petty offense is defined as a crime for which the maximum penalty possible for the crime does not exceed imprisonment for one year and , if there is a conviction, the term of imprisonment does not exceed six months, regardless of suspension. Thus, an individual convicted of a CIMT will only qualify for the exception if the two conditions are satisfied. Not only must the sentence imposed have been less than six months, the maximum possible sentence that could have been imposed must not exceed one year.



For example, suppose an applicant commits petty theft in the statutory period. This was his or her only conviction. The applicant was fined and sentenced to one year of probation and community service. The maximum possible sentence for this conviction is 364 days. No term of imprisonment was imposed. The applicant meets both conditions of the petty offense exception and is not precluded from establishing GMC. In the above example, if the applicant had also received a suspended jail sentence of eight months, he or she would not meet the exception because he or she does not meet the second condition of the petty offense exception. The petty offense exception is inapplicable to an alien who has been convicted of or who admits the commission of more than one crime involving moral turpitude, even if only one of the two or more CIMTs was committed during the statutory period. An applicant who has committed more than one petty offense, only one of which is a CIMT, remains eligible for consideration of the petty offe nse exception. See Legal Opinion 95-12 .



(B) Definition of a Crime Involving Moral Turpitude (CIMT) . As defined in case law, moral turpitude generally refers to conduct which is inherently base, vile, or depraved, contrary to the accepted rules of morality and the duties owed to persons or society in general. See Matter of Flores , 17 I&N, Dec. 225 (BIA 1980), and cases cited therein. It is defined as conduct which is morally reprehensible and intrinsically wrong, the essence of which is an evil or malicious intent.



A list of crimes involving moral turpitude is located in I-LINK under “Other Technical Manuals.” Every crime that involves moral turpitude is not listed in this reference guide. This list is periodically updated as legal decisions add offenses to the list. In determining whether a crime is one that involves moral turpitude, one must look to the nature of the offense itself. Matter of Esfandiary , 16 I&N Dec. 659 (BIA 1979) . Additionally, whether or not a crime is a CIMT often depends on whether or not a state statute includes one of the elements that introduces moral turpitude. A crime with the same name may be a CIMT in one state but not in another if the state statutes define the crime differently. Conspiracy to commit a crime considered a CIMT is also a CIMT in itself. If you are unsure if a crime involves moral turpitude, contact your local district counsel.



The general categories of crimes which involve moral turpitude contained in this reference guide are as follows:



• Crimes against a person . Crimes against a person involve moral turpitude when criminal intent or recklessness is an element of the offense, or when the crime is defined as morally reprehensible by state statute, e.g. statutory rape. Criminal intent or recklessness may be inferred from the presence of unjustified violence or the use of a dangerous weapon. Aggravated battery is usually, if not always, a CIMT. Assault and battery is usually not a CIMT.



• Crimes against property . Moral turpitude attaches to any crime against property which involves fraud, whether it entails fraud against the government or an individual. Certain crimes against property may require guilty knowledge or an intent to permanently take property. Theft (petty and grand), forgery, and robbery are CIMTs in some states. Possession of Burglary Tools and Loan Sharking are usually not CIMTs.



• Sexual and family crimes . It is difficult to discern a distinguishing set of principles which the courts apply to determine whether a particular offense is a CIMT. In some cases, the presence or absence of violence seems to be an important factor. The presence or absence of criminal intent can be a determining factor. Spousal abuse and child abuse can be CIMTs. For example, the Simple Assault, Domestic charge used by some states generally does not rise to the level of being a CIMT. Indecent Exposure and Abandonment of a Minor Chil d are also not CIMTs in some states.



• Crimes against the authority of the government . The presence of fraud is the main determining factor as to the presence of moral turpitude. Offering a Bribe to a Government Official and Counterfeiting are CIMTs. Possession of Counterfeit Securities (Without Intent) and Contempt of Court are not CIMTs.


(C) Controlled Substance Violations . Per section 101(f)(3) of the Act and 8 CFR 316.10(b)(2)(iii) , an applicant who has violated any law of the United States, of any state within the United States, or of any foreign country relating to a controlled substance is precluded from establishing good moral character, unless the violation was for a single offense of simple possession of 30 grams or less of marijuana. See Chapter 74.2(g), question 12 parts (A) and (F) for more details regarding these types of violations.

(D) Incarceration . Per section 101(f)(7) of the Act and 8 CFR 316.10(b)(2)(v) , an applicant who has been confined, as a result of conviction, to a penal institution for an aggregate period of 180 days or more cannot establish good moral character, unless the confinement was outside the United States due to a conviction of a purely political offense committed outside the United States. See Chapter 74.2(g), question 15B for more details regarding incarceration.



(E) False Testimony . An individual who gives false testimony during the statutory period for the purpose of obtaining any benefit under the Act is precluded from establishing good moral character. See section 101(f)(6) of the Act and 8 CFR 316.10(b)(2)(vi) . The most common occurrence of false testimony is failure to disclose a criminal or other adverse record, but false testimony can occur in any area. False testimony may relate to facts about lawful admission, absences, residence, marital status or infidelity, employment, organizational membership, tax filing information, or any of the multitudes of facts that are developed during a naturalization interview. False testimony, in any area, occurs when the individual deliberately intends to deceive the governm ent while under oath in order to obtain citizenship, regardless of whether the information provided in the false testimony was material, in the sense that if given truthfully it would have made the applicant ineligible for naturalization. For example, an applicant may conceal an arrest that occurred outside or within the statutory period, believing that the disclosure of the arrest would bar his or her naturalization, even though the arrest was minor in nature and would not have an adverse effect upon his o r her eligibility. The applicant’s false testimony, in itself, denotes a lack of good moral character and renders the applicant ineligible for naturalization on the present application and on any future naturalization application until the false testimony date is outside of the statutory period.


also my GC expires in 2010...... Im not sure if I should try to get a new one now or if I should wait.
 
anyone else?? I really cant afford an attorney righ now... does INS look @ The charge?? or the disposed??another thing is that it has been 10 years since the charge date... how much could this affect me???

my GC is gonna expire soon shuld I jst renew it for now?? and that would buy me time to find a lawyer?
 
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I think the best course of action in your case would be to renew your GC. GC renewal is a clerical function and you should not have any issues with that. N-400 is a different ballgame altogether, especially when CIMT issues are involved. You are risking deportation - that's a big deal. Do not submit N-400 without consulting a good lawyer first. Get a second opinion from another lawyer as well. Be prepared to spend some money and if that's not a feasible option, hold off until you can.
 
Hello, I am a 26 years old male and have been a Legal Resident of USA since 1993. I live in NY. I have not left the country since I came here from Honduras. I am applying for my U.S. Citizenship and I have been holding it off for a long time because I am afraid that my criminal history will have some affect on it.
My First charge was in 02/04/97 For a 2nd Degree Burglary. I completed six months probation and about 30 hours of community service. ( This charge I am not too worried about since it’s been 10 years and I know it was a misdemeanor plus I was under 18 at the time)
My second charge was in 04/22/99 ( I was 17 yrs old ) for criminal possession of marijuana 2nd degree ( PL221.25) which I understand is a Class D Felony. However, once I was sentenced ( I was 18yrs old ) 1 day after my birthday, I was Disposed with criminal possession of marijuana 4th degree
(PL 221.15) which is a class A misdemeanor.
I completed 3 years probation with flying colors, I completed an outpatient rehab treatment in 2001 and I spent months going to AA and NA working the 12 step program.

Since then, I have kept my record clean. I speak perfect English, Went to college for a few years and have been working Full time for over 4 years.

At this time I am filing the N-400 form, I understand I have to be 100% honest with everything. And I dont wanna miss anything.

My questions are:

On my 2nd charge, Which will they consider? The Original charge PL221.25 (Class D Felony) or
The disposed charge PL 221.15 ( Class A Misdemeanor) ?

Can I penalized or deported with charges like the ones I have?

Can I penalized or deported with charges that are older than 5 years?

Is it necessary for me to involve an attorney for the interview process because of my criminal history?

First of all, with a complicated case like this you are best advised to consult several immigration attorneys before trying to file N-400. Trust me, it is well worth it to spend a couple of thousand dollars on consulations with lawyers, given the potentially very serious consequences that you face.


Now, my un-expert opinion is that you are most likely deportable based on your criminal history. You can read the relevant section of the U.S. Code on deportable aliens at
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html

Here is a provision that seems to apply to you:
"(2) Criminal offenses
(A) General crimes
....
(ii) Multiple criminal convictions. Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable. "

You do have two criminal convictions which, according to the plain reading of the above text seems to make you deportable. The law here does not seem to make a distinction between convictions as a minor and as an adult and it simply says "Any alien who at any time after admission is convicted of two or more crimes..."


You may also be deportable under another provision:

"(B) Controlled substances
(i) Conviction Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable."

Your post does not mention the amount, but if your second conviction was for posession of more than 30 grams of marijuana, then that conviction alone would make you deportable.


Now, even if you are deportable and the IO adjudicating your N-400 petition discovers this fact, they will not necessarily try to deport you (in fact the IO will have the discretionary power to approve the N-400 application). But it does mean that the IO will have the option to initiate deportation proceedings against you and whether or not that will happen will very much depend on your luck.
On one hand long passage of time after a conviction with otherwise clean history seems to ameliorate some IOs. However, that is not always the case.
Here is a recent post about a guy who had a single misdemeanor 49 grams of marijuana possession conviction back in 1987 but the IO still decided to initiate deportation proceedings in 2009 when N-400 came up for adjudication:
http://forums.immigration.com/showthread.php?t=303151
 
Hello, I am a 26 years old male and have been a Legal Resident of USA since 1993. I live in NY. I have not left the country since I came here from Honduras. I am applying for my U.S. Citizenship and I have been holding it off for a long time because I am afraid that my criminal history will have some affect on it.
My First charge was in 02/04/97 For a 2nd Degree Burglary. I completed six months probation and about 30 hours of community service. ( This charge I am not too worried about since it’s been 10 years and I know it was a misdemeanor plus I was under 18 at the time)
My second charge was in 04/22/99 ( I was 17 yrs old ) for criminal possession of marijuana 2nd degree ( PL221.25) which I understand is a Class D Felony. However, once I was sentenced ( I was 18yrs old ) 1 day after my birthday, I was Disposed with criminal possession of marijuana 4th degree
(PL 221.15) which is a class A misdemeanor.
I completed 3 years probation with flying colors, I completed an outpatient rehab treatment in 2001 and I spent months going to AA and NA working the 12 step program.

Since then, I have kept my record clean. I speak perfect English, Went to college for a few years and have been working Full time for over 4 years.

At this time I am filing the N-400 form, I understand I have to be 100% honest with everything. And I dont wanna miss anything.

My questions are:

On my 2nd charge, Which will they consider? The Original charge PL221.25 (Class D Felony) or
The disposed charge PL 221.15 ( Class A Misdemeanor) ?

Can I penalized or deported with charges like the ones I have?

Can I penalized or deported with charges that are older than 5 years?

Is it necessary for me to involve an attorney for the interview process because of my criminal history?


Dude,

I have concerned about your moral character because in reading your original post, I wonder why didn't you learn from the first criminal activity. Your history:

"My First charge was in 02/04/97 For a 2nd Degree Burglary. I completed six months probation and about 30 hours of community service. ( This charge I am not too worried about since it’s been 10 years and I know it was a misdemeanor plus I was under 18 at the time)
My second charge was in 04/22/99 ( I was 17 yrs old ) for criminal possession of marijuana 2nd degree ( PL221.25) which I understand is a Class D Felony. However, once I was sentenced ( I was 18yrs old ) 1 day after my birthday, I was Disposed with criminal possession of marijuana 4th degree "

I will second the views echoed by other posters before me. You need a good immigration lawyer who understand both criminal law and immigration law. If I were you, I would try for a renewal of my GC, which you will be required to go for finger printing, which can be picked up by FBI and referred to USCIS to inquire about your criminal past. So, I don't see an easy way out for you on this case. It is going to be very difficult in the short run for you. You second case has more damaging consequence for you....:rolleyes: Unfortunately, being 17 yrs is no excuse at all, you weren't supposed to have weed in the first place and you got your balls busted....:eek: You should be worried about all charges, it shows a pattern of criminal behavior on your part, which is disconcerting for any person seeking US citizenship...:cool:
 
does INS look @ The charge?? or the disposed??

From my reading, they look at the charge and you provide the proof of disposition. But that is not the main issue, they look at the charge to see if it fits within the deportation offenses list, including CIMT. To my understanding, both of those charges will fall under CIMT and I doubt the 10 years will influence them into NOT taking both charges into account.

If you cannot afford a lawyer, then perhaps renewing the GC is the best option. As has been stated, the FP for the GC may well trigger a flag and some further investigation by USCIS.

It is good you have stayed clean since those two events, but your past is looking like it may be coming back to haunt you.
 
If I were you I wouldn't file anything with USCIS, not even a GC renewal until getting legal advice. For both GC renewal and N400, your fingerprints will be checked and bells may go off.
Do not walk this path alone, too many red flags that can be used against you. You really have no choice but to hire a lawyer.

You say you cannot afford one. You should at least spend some money for an inital case review and consultation. Then ask for a payment plan of some sort for further representation depending on what action you take (GC renewal or N400). There are plenty of lawyers out there and you will find one willing to take your case.
 
Shoud sometimes peopel just give up and head for home country voluntarily?
(hope can stillepak language there).

If one make up such a decision, there is nothing to lose by sending
N-400 or or renew GC regardless of what happens.

If deportation is inevitable, it may be better to leave this country at age of 26 than 36, or 46 when one can get more stuck in life
 
shit sucks!!, I got a good FT job. make $50k + per year..pay my taxes.. support my GF and 1 year old daughter ...720 credit score....wanna buy a house ( live the american dream) I dont messaround , I knew one day all this woud come back somehow... on the scale of 1-10 what do you guys think are my chances of become a citizen??????
 
shit sucks!!, I got a good FT job. make $50k + per year..pay my taxes.. support my GF and 1 year old daughter ...720 credit score....wanna buy a house ( live the american dream) I dont messaround , I knew one day all this woud come back somehow... on the scale of 1-10 what do you guys think are my chances of become a citizen??????

Since you make fairly decent money you should consult a good competent lawyer ASAP (and preferably a second opinion if you can afford). Postpone that plan of buying a house for a couple of years and hire a good lawyer instead with that money :)....and send me a couple of grand for this advice :D.

I do see some light since both your offenses were committed while you were a minor. However don't raise your expectations too much and be prepared to face the worst. No point in delaying this much further though and consult a good attorney and you can always postpone/delay (or expedite) the application process depending upon the advice from your lawyer.

One can get some great advice on this board if you happened to get caught peeing in your neighbors yard or napping at a 50K job :D. But if someone accidentally happened to push his or her boss off the cliff :rolleyes:, then he or she is better of having the privilege of advice from a competent attorney.
 
Hello, I am a 26 years old male and have been a Legal Resident of USA since 1993. I live in NY. I have not left the country since I came here from Honduras. I am applying for my U.S. Citizenship and I have been holding it off for a long time because I am afraid that my criminal history will have some affect on it.
My First charge was in 02/04/97 For a 2nd Degree Burglary. I completed six months probation and about 30 hours of community service. ( This charge I am not too worried about since it’s been 10 years and I know it was a misdemeanor plus I was under 18 at the time)
My second charge was in 04/22/99 ( I was 17 yrs old ) for criminal possession of marijuana 2nd degree ( PL221.25) which I understand is a Class D Felony. However, once I was sentenced ( I was 18yrs old ) 1 day after my birthday, I was Disposed with criminal possession of marijuana 4th degree
(PL 221.15) which is a class A misdemeanor.
I completed 3 years probation with flying colors, I completed an outpatient rehab treatment in 2001 and I spent months going to AA and NA working the 12 step program.

Since then, I have kept my record clean. I speak perfect English, Went to college for a few years and have been working Full time for over 4 years.

At this time I am filing the N-400 form, I understand I have to be 100% honest with everything. And I dont wanna miss anything.

My questions are:

On my 2nd charge, Which will they consider? The Original charge PL221.25 (Class D Felony) or
The disposed charge PL 221.15 ( Class A Misdemeanor) ?

Can I be penalized or deported with charges like the ones I have?

Can I be penalized or deported with charges that are older than 5 years?

Is it necessary for me to involve an attorney for the interview process because of my criminal history?

Considering the first conviction happened while you were a minor, the second conviction was reduced to a misdemeanor, (neither being deportable offense in your case) and both convictions happened more than 5 years ago you should be fine. Include court copies of both convictions with application and bring originals to interview.
 
the second conviction was reduced to a misdemeanor, (neither being deportable offense in your case)

Because immigration law deifne felony as acrime with maximum possible sentence>=365 and state laws usually define misdemeanor as a crime maximum senetnce not execeeding 365 days, there is one DAY overlap.

That one day overlap make many misdemeanor (class A class !) etc
deportable under immigration laws
 
If you consult lawyers I believe you will get similar responses as you see in thsi forum. Some lawyers are optimistic and some are permistic and you still
have to make a decision whtheer to embark on a endenvor with uncertain outcome. You will only definitly know whether you can become a citizen or not by applying for citizenship. But if you decide to go you should be aware
of the risk
 
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