Misdemeanor charge and citizenship process.

U

ucres

New Member
Hi,

One of my friend had applied for N-400. Got confirmation immediately and got fingerprinting notice for January 2010. Just before the fingerprinting notice, a misdemeanor (Domestic Violence) has been charged on him following an arrest. While he is appeling the case, he requested postponing the fingerprinting notice because if he is called for interview he figured he needs to disclose the arrest/charges etc, if asked.

what is the best advice here..

Go for fingerprinting now and postpone the interview till after the misdeamnor case is handled (OR) go for fingerprinting, hope for an interview before the misdemeanor case is settled?

Is at always the case that during the interview they will ask you again about recent arrests/charges etc?

thanks
ucres
 
ucres said:
Go for fingerprinting now and postpone the interview till after the misdeamnor case is handled (OR) go for fingerprinting, hope for an interview before the misdemeanor case is settled?
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Get the FP rescheduled, which will in turn postpone the interview. A pending criminal case will make the interviewer suspend the naturalization case, so he needs more time to get it resolved before the interview.
Is at always the case that during the interview they will ask you again about recent arrests/charges etc?
Click to expand...
95% yes. And even if they don't ask, you are obligated to disclose arrests that happened between filing the N-400 and the interview. Failing to disclose them would result in denial if USCIS finds out, plus probably having to wait another 5 years to reapply.
 
ucres said:
Hi,

One of my friend had applied for N-400. Got confirmation immediately and got fingerprinting notice for January 2010. Just before the fingerprinting notice, a misdemeanor (Domestic Violence) has been charged on him following an arrest. While he is appeling the case, he requested postponing the fingerprinting notice because if he is called for interview he figured he needs to disclose the arrest/charges etc, if asked.

what is the best advice here..

Go for fingerprinting now and postpone the interview till after the misdeamnor case is handled (OR) go for fingerprinting, hope for an interview before the misdemeanor case is settled?

Is at always the case that during the interview they will ask you again about recent arrests/charges etc?

thanks
ucres
Click to expand...

In addition to what Jackolantern said:
It may be a good idea for your friend to talk to an immigration layer now about this.
A conviction on a crime of domestic violence is a deportable offense which may put in danger not only his N-400 application but his green card status as well.
See CRF 8.12.II.IV.§ 1227:
"E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and
(i) Domestic violence, stalking, and child abuse Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government."
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html

I am not sure if there is a distinction here between midemeanor and felony domestic violence convictions (the text does not seem to make such a distinction), but your friend really needs to double-check the possible immigration consequences, especially before pleading guilty to anything or accepting any kind of plea deals.
 
baikal3 said:
I am not sure if there is a distinction here between midemeanor and felony domestic violence convictions (the text does not seem to make such a distinction), but your friend really needs to double-check the possible immigration consequences, especially before pleading guilty to anything or accepting any kind of plea deals.
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For these specific crimes, INA 237 does not differentiate between misdemeanor and felony and you do not even see
duration of sentence (maximum possible or actually senetcned or actual served) as a criteria for deportation. Specific crimes
include DV, certain firearm offense, control substances offense, failure to report address of change. The only excpetion of marijuna
possession amopint <30 grams.

Remmeber these spoecific crimes are made deportable. But they can still meet CIMT for deportability. To meet
deportability based on upon CIMT, sentence need to be at least 1 year. But even if a DV is not a CIMT, or a CIMT but possible senetnce is
less than one year, it is still deportabe.

A good thing is that if a DV is deportable but not CIMT, one may be able to cure deportation by re-immigration if anyone such as the citizen spouse
is wlling sponsor for another green card. Because if a DV is not a CIMT, then it is only deportable but not inadmissible so you must be deported but
you are still eligble to enter USA or eligigble for another GC.
 
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baikal3 said:
I am not sure if there is a distinction here between midemeanor and felony domestic violence convictions (the text does not seem to make such a distinction), but your friend really needs to double-check the possible immigration consequences, especially before pleading guilty to anything or accepting any kind of plea deals.
Click to expand...
Yes, the plea deals can cause surprising troubles due to the immigration definition of conviction. They might offer a deal for probation followed by expungement, but probation is still considered a conviction for immigration purposes, and expungement doesn't remove it from USCIS's eyes.
 
I think your friend is yourself. It doesn't make sense why anybody would have a friend check out his situation on a public forum.
 
Yes, this "friend" is the OP himself, unless the friend is unable to use the Internet because he's still in jail.
 
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