I posted on another thread about my friend's case but now that I know more details I would like to know your opinion, she is planning on doing the N-400 but she has an arrest (only thing on her record) back on 01/15/05 for shoplifting ($210.00), her judgement was "adjudication of guilt withheld" by the judge of course, she did not have to do community hours or probation, she was just asked to pay the court fees, she told me about $190.00. I know that her judgement was not a "conviction" for criminal law but I'm not sure if it is for immigration. She could wait for the 5 years to apply that's only a few months away but her GC expires in April of next year 2010, so she would have to apply for the green card also. She doesn't have the money to get a lawyer right now so maybe your help can help her a little. I was thinking that by the time she gets to the interview the 5 years already hit but she will still will put it and send copies of everything of course, I was wondering if she has a good chance of getting approved. Your thoughts?
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My friend's case...
- Thread starter Mimi1212
- Start date
It really depends on if your friend entered a plea other than not guilty at the court hearing.
http://www.murthy.com/news/n_convic.html
http://www.murthy.com/news/n_convic.html
I was thinking that by the time she gets to the interview the 5 years already hit
Five year statutory period count back from the date of filing N400 not interview.
I think there is a petty theft exception rule that can b eused in determining good moral characxter for citizenship. So she may still have a good chance
if she file now. I would suggest she wait until after 01/15/2010.
Bob-
She plead "guilty" but the judge gave her on her judgement "adjudication of guilt withheld", that's what's on her official copy of the judgement.
Then it is a classical example of not a conviction in criminal court but a conviction for immigration purpose.
She should check out the maximum sentences for the crimical section code under which she was cited. If it is below 6 month she can use petty
theft exception rule. It if it bigger than 6 month but below 12 month, she better wait until it is outside 5 years. If the maximum sentence is 12 month
or longer, in theory it is even deportable becaus etheft is considered to be a CIMT and any CIMT for which one year or longer sentence may be possible is considered deportable.
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Bob-
She plead "guilty" but the judge gave her on her judgement "adjudication of guilt withheld", that's what's on her official copy of the judgement.
Her charge would count as a conviction under immigration law since it involved her pleading guilty and a sentence (fine). The next thing would be to determine what he maximum imposable sentence is for her charge.
Bob what do you mean by "what he maximum imposable sentence is for her charge"
Laws often say a crime is punishable by up to 6 month, 12 mon, 3 years etc.
Then "maximum imposable sentence" is 6 month, 12 mon, 3 years. Your friend
shoould check the penal code number on her charging docuemnet and then go
to google the penal coide of the state to see what is "maximum imposable sentence".
She didn't didn't have to do anything other than pay court fees
This is actual sentence not maximum imposable sentence
Would it appear on the paper just like that "penal code"?
You won't miss it if you see the paper. Its format can be different from state to state. Typically it is something like Sec 30.102. etc. You will see such thing on your traffic ticekt every time you get one.
But what I wonder is if the USCIS IO will also bother to checkout this
maximum imposable sentence on their own? They can not ask the applicant to
proivide it because the applicant may not even know what it is and individual court disposition
doc only state actualy sentence not maximum possible sentences
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Mimi,
I think you are worried that her green card is expiring - so you are not sure what to do.
If the green card is expiring, you can concurently apply for renewal of greencard - it can be done 6 months before it expires.
She will be called for fingerprinting. And then she can make infopass appointment to get PR stamp into her passport. Then... she can show proof of GC renewal while applying for citizenship and not worry about expired GC.
I think you are worried that her green card is expiring - so you are not sure what to do.
If the green card is expiring, you can concurently apply for renewal of greencard - it can be done 6 months before it expires.
She will be called for fingerprinting. And then she can make infopass appointment to get PR stamp into her passport. Then... she can show proof of GC renewal while applying for citizenship and not worry about expired GC.
Ok thanks. Now what's the point of finding the maximum imposable sentence? What do they do with that information. I did some research without knowing the number and it shows
for Under $300.00 - up to $ 500 fine/up to 60 days jail or both....I don't know how accurate this is.
for Under $300.00 - up to $ 500 fine/up to 60 days jail or both....I don't know how accurate this is.
Mimi,
I think you are worried that her green card is expiring - so you are not sure what to do.
If the green card is expiring, you can concurently apply for renewal of greencard - it can be done 6 months before it expires.
She will be called for fingerprinting. And then she can make infopass appointment to get PR stamp into her passport. Then... she can show proof of GC renewal while applying for citizenship and not worry about expired GC.
If you read OP's original post, you will see the girl may not want to do both
(citizenship and GC reneal) in order to save money. I personally
think she can not get around it and she must do both because she can
not guarantee the citizenshoip will go thru. Even if she apply now, it may drag
on for a long time to be close to GC expiry date.
Another issue the girl face is: renewing GC also need a biometric appointment and her shoplifting may show up too during the GC reneal process if
she was FPed
WBH-
She is cuban, we pretty much have permanent GC, Im not saying we have priviledges or anything I just wanted to add it because I know that for Cuba usually things a little different. She is trying to save the money but she knows that she will be able to renew it if anything happens (following the immigration rules of course).
She is cuban, we pretty much have permanent GC, Im not saying we have priviledges or anything I just wanted to add it because I know that for Cuba usually things a little different. She is trying to save the money but she knows that she will be able to renew it if anything happens (following the immigration rules of course).
Ok thanks. Now what's the point of finding the maximum imposable sentence? .
As I said, if it is shorter than 6 month, USCIS can do her a favor by invoking
"petty theft exceptionb" rule in GMC determination even itf it is within 5 years.
and of couse they can do her harm too if it is longer than 6 month because
it means deportable.
Please any additional help with this would be great...my post above is accurate for the max sentence. thanksssssssssssss!
Then your friend can apply with the chance to established good moral character by using "petty theft exception" rule even if it is within 5
years. But consult a lawyer to make sure
I don't think your friend has any real trouble. The differences is just
to file now or wait until januratu next year or whether need extra money
to file for GC renewal or not when N400 is pending. All such issues are minor
compared with many troubles you foten read in other threads