N400 and Criminal Record

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loveanh

Registered Users (C)
I have a misdemeanor for aiding and abetting an illegal gambling operation, I was placed on probation 05/00 for 1 year. I have been the US since 1979, I am thinking about applying for my citizenship, how much will this conviction effect my chances?

It's not a crime of moral torpitude, I thought I should specified this.
 
loveanh said:
I have a misdemeanor for aiding and abetting an illegal gambling operation, I was placed on probation 05/00 for 1 year. I have been the US since 1979, I am thinking about applying for my citizenship, how much will this conviction effect my chances?

It's not a crime of moral torpitude, I thought I should specified this.
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what the...??

read the http://www.uscis.gov/graphics/services/natz/English.pdf

page 25 (or actual page number 29 of 66) lists clearly as "illegal gambling" shows a lack of good moral character.
 
loveanh said:
The official court papers from my conviction specifically states it was not a crime of moral torpitude. I was convicted of aiding and abetting meaning I helped someone placed illegal bets. I did not gamble.
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Better hope USCIS sees things the same way.
 
If he had a clean record prior to that conviction and has stayed out of trouble ever since, I don't see why his naturalization application will be turned down. Sure, there will be some questioning and probably some extra background check, but his application could be granted.

The irony is that we have a President and a Vice-President who are "convicted criminals" -if you go by the law- and they are holding the highest positions in the country. This had never happened before in the history of the United States.

Bush was arrested and convicted of DIU. Prior to that he had been found guilty of "disorderly conduct", which is not such a big deal, but it is a conviction nonetheless. And before that, Michael Moore claims that Mr. President got caught stealing from a hotel when he was in his late teens...

Loveanh, contact a lawyer with your doubts and have some legal opinion on whether this can truly jeopardize your citizenship. I have a neighbor who got citizenship last year and he had been convicted a couple of times of some minor crimes. The most serious one was a felony (he was carrying some sort of weapon) and the last conviction came in 1999 when he punched a cop in the face after the officer allegedly disrespected him. Amazingly, his application was approved. He himself could not believe it! Unless you were found guilty of an aggravated felony, there may be a chance that your citizenship is granted. Give it a try!

Einmalig
 
Einmalig said:
The irony is that we have a President and a Vice-President who are "convicted criminals" -if you go by the law- and they are holding the highest positions in the country. This had never happened before in the history of the United States.

Bush was arrested and convicted of DIU. Prior to that he had been found guilty of "disorderly conduct", which is not such a big deal, but it is a conviction nonetheless. And before that, Michael Moore claims that Mr. President got caught stealing from a hotel when he was in his late teens...
Einmalig
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Unfortunately the ground reality for common people will not change, they have to suffer more. It has always been like this and will always be through the history of mankind - the rich and powerful always get around, otherwise what is the point of being rich and powerful.

Coming to original question, loveanh, if your original conviction was a misdemeanor, and if 5 years have passed, then you should be ok.
 
Einmalig said:
If he had a clean record prior to that conviction and has stayed out of trouble ever since, I don't see why his naturalization application will be turned down. Sure, there will be some questioning and probably some extra background check, but his application could be granted.

The irony is that we have a President and a Vice-President who are "convicted criminals" -if you go by the law- and they are holding the highest positions in the country. This had never happened before in the history of the United States.

Bush was arrested and convicted of DIU. Prior to that he had been found guilty of "disorderly conduct", which is not such a big deal, but it is a conviction nonetheless. And before that, Michael Moore claims that Mr. President got caught stealing from a hotel when he was in his late teens...

Loveanh, contact a lawyer with your doubts and have some legal opinion on whether this can truly jeopardize your citizenship. I have a neighbor who got citizenship last year and he had been convicted a couple of times of some minor crimes. The most serious one was a felony (he was carrying some sort of weapon) and the last conviction came in 1999 when he punched a cop in the face after the officer allegedly disrespected him. Amazingly, his application was approved. He himself could not believe it! Unless you were found guilty of an aggravated felony, there may be a chance that your citizenship is granted. Give it a try!

Einmalig
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Thanks for your advice, you too GreenCard. I have my doubts but the more stories I read on this forum, the more hope I have. I am in the process of seeking advice from a immigration lawyer. Whatever it may cost is well worth it if the end result is getting my USC.
 
loveanh said:
Is it also possible for me to claim USC through my naturalized USC wife?
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You can't "claim" citizenship through marriage to a USC (like for example LPR children automatically deriving cirizenship from a naturalized parent), but you can shorten the wait to submit N-400 from 5 years to 3. You still have to go through the whole N-400 process and (in the eyes of USCIS) be a person of good moral character.
 
you might consider letting "sleeping dogs lie" if you apply for citizenship you may find yourself in deportation proceedings. can anything be done about the conviction? will it become "spent" after a period of time? Is it an aggravated felony? Can you wait for a more favourable political climate?
 
loveanh said:
I have a misdemeanor for aiding and abetting an illegal gambling operation, I was placed on probation 05/00 for 1 year. I have been the US since 1979, I am thinking about applying for my citizenship, how much will this conviction effect my chances?

It's not a crime of moral torpitude, I thought I should specified this.
Click to expand...

I am not sure how much it will affect your chance. However, if you don't apply your chance is ZERO. If I were you, I would apply and say all the truth. They're going to find out any way so you may as well be honest about it. Second, I would hire an immigration lawyer.
Good luck
 
LAmorocco said:
I am not sure how much it will affect your chance. However, if you don't apply your chance is ZERO. If I were you, I would apply and say all the truth. They're going to find out any way so you may as well be honest about it. Second, I would hire an immigration lawyer.
Good luck
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I don't think you will have a problem. Just make sure nothing else shows up within the last 5 years. Since your probabtion ended in 05/2001, five years forward is 05/2006.
Make sure you have all dispositions ready, the probabtion letter, fulfillemnt of the probabtion and recommendation from your Probation Officer to end the probabtion etc etc.
If you read the Act( ie the law), as long as you dont have a felonious crime where the sentence exceeded 1 year etc etc and you have a kep a clean nose( no pun intended) over the last 5 years since your application was filed, you should be ok. Of course there is discretion involved so luck is always helpful since the interviewing officer might be having a bad day.
Good luck!!
 
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