N-400 Application with Misdemeanor case

[bridge2007]

Hi,

Iam a New Member to this Forum . I am going through this forum since couple of months and I thought it will be better for me to put forth my case and have your suggestions to proceed further.

I am holding GC since Jan 12 2004 and I am going to file N 400 in Jan 2009. My case is not straight forward. A Misdemeanor Case was filed in 2005 and also Citation from Police for Hit and Run case in 2007.

I have been charge sheeted by Dist Court. on Two Counts for committing the crime of Petit Larcency a misdemeanor by unlawfully take a Gift Card belonging to others, the card value is less than $ 500.00 and Count 2 , obtaining merchandise by false pretense a misdemeanor. I was arrested and later rleased on bail. My case was expunged by the court in 2007 after serving community service for 24 hours and payment of court fees. I have on record all the court documents including order of expungement from Court.

Last year 2007, after getting my driving license, I hit a parked vehicle in the parking lot and i did not exchange the infformation, later police issued a citiation asked me to attend court and in the court they asked me to pay fine amounting to $ 25.00 and since I have insurrance on my car, my insurance comjpany paid the damage to the other party.

These are the negative points from me in order to file N 400 application. I am going to provide all the facts in the application. My concern is that whether am I entitle to apply application. If so, can I file individually or is it better to go through an attorney. Whether my case falls under deportation in case if I apply for N 400.

I request all who are experienced can suggest what is the best course of action whether to file N 400 or to continue with GC so as to avoid further complications.

I await.

Thanks
Bridge2007

 

[fbanna79]

Since there has been arrest involved in the past, I will advise you to get an attorney.

 

[maisflocon]

The main thing is the moral character requirement you need to be concerned about. So I think the safest is to apply in a 5-year window in which you don't have any misdemeanor offenses. I have read cases in which the person was able to repeal their denied case (and succeed) because his offense took place outside of the 5-year window (i.e. he had GC for 10+ years and his offenses happened more than 5 years before he applied). Lawyers don't always give the right answer, so make sure you ask at least a few so you don't get jacked.

 

[Bobsmyth]

Petty larceny has been found to be a CIMT, and obtaining merchandise by false pretense may well be a CIMT as well.
Consult an immigration lawyer in criminal law to determine what consequences these charges have since they occurred inside the 5 year probationary period.