misdemeanor - Citizenship rejected

D

dontliketotell

New Member
My wife is green card holder since Sep'04. She has Misdemenor B(shop lift) Apr 2005 - pled guildy, deferred adjudication, probation for a year, 40 hours social service, $800 penalty.
She Applied for Citizenship(N400) in Jul'09 and attended interview in Sep'09. N400 is rejected. Sent a mail saying she has an option to go for hearing in court.
Want to know what are her options now?

- Is she eligible to stay in US even if we don't go to hearing?
- Is her green card still valid?
- Is it a complete rejection or she can wait for some more period and reapply?
- If she is eligible to reapply after Apr 2010(5 yrs after incident), oct 10,2010(after 1 yr she got rejected letter), july 2011(after she completed probation)?
- Do we have to go to court in order for her to re-apply? Or she just can wait for the next waiting period and are-apply.
 
dontliketotell said:
My wife is green card holder since Sep'04. She has Misdemenor B(shop lift) Apr 2005 - pled guildy, deferred adjudication, probation for a year, 40 hours social service, $800 penalty.
She Applied for Citizenship(N400) in Jul'09 and attended interview in Sep'09. N400 is rejected. Sent a mail saying she has an option to go for hearing in court.
Want to know what are her options now?

- Is she eligible to stay in US even if we don't go to hearing?
- Is her green card still valid?
- Is it a complete rejection or she can wait for some more period and reapply?
- If she is eligible to reapply after Apr 2010(5 yrs after incident), oct 10,2010(after 1 yr she got rejected letter), july 2011(after she completed probation)?
- Do we have to go to court in order for her to re-apply? Or she just can wait for the next waiting period and are-apply.
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Some times a denial letter say you can re-apply after certain date. I don't know
whether it means you cannot reapply if it does not say that. But a shop lifting conviction does not establish permanent bar to citizenship. It is not deportable
if the maximum possible sentence is less than one year
 
dontliketotell said:
My wife is green card holder since Sep'04. She has Misdemenor B(shop lift) Apr 2005 - pled guildy, deferred adjudication, probation for a year, 40 hours social service, $800 penalty.
She Applied for Citizenship(N400) in Jul'09 and attended interview in Sep'09. N400 is rejected. Sent a mail saying she has an option to go for hearing in court.
Want to know what are her options now?

- Is she eligible to stay in US even if we don't go to hearing?
- Is her green card still valid?
- Is it a complete rejection or she can wait for some more period and reapply?
- If she is eligible to reapply after Apr 2010(5 yrs after incident), oct 10,2010(after 1 yr she got rejected letter), july 2011(after she completed probation)?
- Do we have to go to court in order for her to re-apply? Or she just can wait for the next waiting period and are-apply.
Click to expand...

If the denial notice only said that her N-400 is rejected, then her green card status is intact and she can continue to live and work in the U.S. as a permanent resident.

She can re-apply by submitting a new N-400 at any time without any special permission. In practice it is better to wait at least 5 years after the shoplifting incident, and even a bit longer.
 
dontliketotell said:
My wife is green card holder since Sep'04. She has Misdemenor B(shop lift) Apr 2005 - pled guildy, deferred adjudication, probation for a year, 40 hours social service, $800 penalty.
She Applied for Citizenship(N400) in Jul'09 and attended interview in Sep'09. N400 is rejected. Sent a mail saying she has an option to go for hearing in court.
Want to know what are her options now?

- Is she eligible to stay in US even if we don't go to hearing?
- Is her green card still valid?
- Is it a complete rejection or she can wait for some more period and reapply?
- If she is eligible to reapply after Apr 2010(5 yrs after incident), oct 10,2010(after 1 yr she got rejected letter), july 2011(after she completed probation)?
- Do we have to go to court in order for her to re-apply? Or she just can wait for the next waiting period and are-apply.
Click to expand...

What kind of hearing are you referring to? An appeal or a notice to appear? If it's an appeal, it's her choice ..if it's a notice to appear she'll have to go.
Misdemeanor B shoplifting in Texas is a CIMT so she may have become inadmissible since her actual sentence (probation) was 1 year. If she isn't inadmissible (due to petty theft exception) then she can reapply 5 years after her conviction. Applying any sooner (including 90 day grace period) will result in another denial since the CIMT falls within statutory period.

Most importantly, contact an immigration lawyer specializing in criminal law instead of taking the advice of board members here.
 
baikal3 said:
If the denial notice only said that her N-400 is rejected, then her green card status is intact and she can continue to live and work in the U.S. as a permanent resident.
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Not true. A denial on a naturalization application can still have implications on the applicant's GC depending on the conviction. it's best for OP to speak with a lawyer and go over all the facts of the conviction to determine how it affects GC status.
baikal3 said:
She can re-apply by submitting a new N-400 at any time without any special permission. In practice it is better to wait at least 5 years after the shoplifting incident, and even a bit longer.
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The GMC threshold is 5 years after conviction, not after incident. Applying any sooner will result in another denial due to CIMT conviction.
 
Bobsmyth said:
Not true. A denial on a naturalization application can still have implications on the applicant's GC depending on the conviction. it's best for OP to speak with a lawyer and go over all the facts of the conviction to determine how it affects GC status.
The GMC threshold is 5 years after conviction, not after incident. Applying any sooner will result in another denial due to CIMT conviction.
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That's correct, but the OP asked "Is her green card still valid?" The answer to that question is still "yes", untill and unless USCIS tries to specifically revoke the green card. The denial of N-400 did not, by itself, make a green card invalid.

You are right, of course, that it is advisable for the OP's wife to consult an immigration lawyer about the effect of the shoplifting conviction.
 
baikal3 said:
That's correct, but the OP asked "Is her green card still valid?" The answer to that question is still "yes",...
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Equally true, but it's still important for the OP to know that the denial can trigger a hearing for inadmissibility.
 
Denial of citizenship application does not revoke GC. There is a process for revoking GC. You will receive a letter from USCIS notifying their intent to revoke GC for so and so reason and you can appeal that in court. That's the procedure. In your wife's case, your GC is still valid. As for reapplying for citizenship, you need to contact a good lawyer. They will be able to tell you if she can apply and how long she needs to wait etc... The best way to look for a good lawyer is always look for someone whose office is close to the local USCIS office where interviews are conducted. Those lawyers often go there with their clients and they can give some good advice. Also, I am wondering why you choose to do it alone when you know the nature of charges against your wife. Unless it is a minor speeding ticket, all complicated cases needs a lawyer advice if not their presence during the interview.
 
Thanks Spiderman03, you sounded very knowledgeable. Your replies are giving me comfortness.
Actually I have met Lawyer before applying, she said it is just Misdemenour we can go ahead apply. She said she wants to represent at interview. I thought no need of her, if we are eligible, we should be able to apply without her. Basically the way she talked to me, she sounded like she is looking to make money.
Next time when we apply again, looks like better to go with a lawyer I guess.
 
dontliketotell said:
Thanks Spiderman03, you sounded very knowledgeable. Your replies are giving me comfortness.
Actually I have met Lawyer before applying, she said it is just Misdemenour we can go ahead apply. She said she wants to represent at interview. I thought no need of her, if we are eligible, we should be able to apply without her. Basically the way she talked to me, she sounded like she is looking to make money.
Next time when we apply again, looks like better to go with a lawyer I guess.
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Don't,

All lawyers are paid to talk and to dress sharply. :eek: So, I see no way this lawyer could have prevented this rejection as your wife's crimes were within the 5 years period. She should have applied outside the 5 years, showing good character and NOT seeking to enrich herself and create poverty for business owners by stealing their livelyhood. :D

Simple math, crime in 2004, we are in 2009, plus she had a year of probation which makes her criminal deliances run into 2005, which technically makes it less than 5 years. The fine she received was pretty stiff, $800 which means that judge was one of the owners of the store, and he took it personally. :rolleyes: She should wait till next year, consult another lawyer and reapply after showing good character and moral compass...;) Take comfort in this little nugget, she is here with you as opposed to have been ordered deported. So, winter won't be severe for you and a cold bed....:D Try in a year or so...:)
 
dontliketotell said:
can anybosy please suggest good Criminal&Immigration lawyer in Irving/Dallas/Tx.
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Don't,

I would recommend lawyer named "Google". He specialized in referral to other lawyers in Irving, TX. This lawyer is free, but he can be reached at "google.com. In order for him to refer you to other lawyers, he required a coupon code "immigration lawyers in Irving, TX'
 
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