Naturalization experience based on criminal charge

J

jaypoor

Registered Users (C)
Please post your experiences with naturalization process after criminal charges.

Basically mine was simple battery charge (1 count) and court dismissal after completing pretrial diversion (24-session counseling and no repeat episode). My GC was employment based and I have been employed for all along since getting GC.

It would help me and others in similar situation so please post some broader information surrounding following points,

1) when to file,
2) what are chances to get it approved,
3) what kind of questions that could come up and
4) Whether immigration attorney could make any difference or not.

I have other situation that would warrant a longer than 12 month travel outside US and it wouldn't help to wait for more than 4 years again after returning back.

Jay
 
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If your assault stems from a domestic dispute, are you sure that its dismissed or u got a agreement with counseling and probation and you were suppose to have no record after successful completion.
For immigration purposes it is considered a conviction and consult a good attorney that specializes in Criminal and Immigration law before you apply N-400 as it might trigger deportation proceedings against you.
 
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A simple battery charge is not a bar to naturalization and will not result in deportation. IF it is labelled as domestic violence (DV), it may or may not be a CIMT (crime involving moral turpitude). Even though it woiuld not get you deported, it could delay naturalization as a discretionary denial if a DV offense. Discretionary denials involve holding you to community standards. As bad as some neighborhoods may be, no community in the U.S. endorses domestic violence.

Lastly, in the DV context, if a restraining or protection order gets issued and it gets violated, then, that is deporatble. You did not mention any such order. You indicated 24 sessions followed by dismissal. The incident, as described, is not a statutory bar to naturalization. The seemingly, good compliance, tends to render moot the "probationary period during the statutory period" and as it is over, it is not a bar to naturalization.

As for the impending long absence, IF it is for a U.S. employer and IF you meet the prerequisite of at least one solid year (without any break) of physical presence inside the U.S. after getting a greencard, THEN, you can file an N-470 (your employer should pay for it) in order to preserve residence for naturalization purposes. A re-entry permit would also be required and if the N-470 is not approved, the REP would protect the greencard for up to 2 years abroad.
 
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Thanks a bunch BigJoe5. It seems, You have very good grasp on criminal laws and immigration laws. Appreciate your direct and to the point explanation.

Jay
 
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Thanks a bunch BigJoe5. I appreciate your to the point explanation.

Jay
 
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Thanks a bunch BigJoe5. That is very good clarification.

BigJoe5 said:
A simple battery charge is not a bar to naturalization and will not result in deportation. IF it is labelled as domestic violence (DV), it may or may not be a CIMT (crime involving moral turpitude). Even though it woiuld not get you deported, it could delay naturalization as a discretionary denial if a DV offense. Discretionary denials involve holding you to community standards. As bad as some neighborhoods may be, no community in the U.S. endorses domestic violence.
Click to expand...

so how could I figure out whether it is CIMT or not? Is it based what happened and what is reported in incident report?

BigJoe5 said:
Lastly, in the DV context, if a restraining or protection order gets issued and it gets violated, then, that is deporatble. You did not mention any such order. You indicated 24 sessions followed by dismissal. The incident, as described, is not a statutory bar to naturalization. The seemingly, good compliance, tends to render moot the "probationary period during the statutory period" and as it is over, it is not a bar to naturalization.
Click to expand...

The dismissal order says CHG-LIT: 'SIMPLE BATTERY' and REMARKS: 'DISMISSED ON MOTION OF PROSECUTION PER JUDGE [NAME OF JUDGE] ON [DATE]'. Along with dismissal letter they gave me paperwork on how to get Arrest Record Expunged.

1) so does that look clean exit with no bar to naturalization? and since that was in 09/2010, is there any time constraint in terms of time passed between date of dismissal vs naturalization application?

2) The other thing that puzzles me is When I contacted county office to get my arrest record expunged, they checked 'state criminal records database' and they couldn't find any record in my name so they said they would keep checking that database every month and if they don't see any records within a year of incidence, they would issue me a letter stating that. Now I am confused if that would have any consequences on my naturalization?

BigJoe5 said:
As for the impending long absence, IF it is for a U.S. employer and IF you meet the prerequisite of at least one solid year (without any break) of physical presence inside the U.S. after getting a greencard, THEN, you can file an N-470 (your employer should pay for it) in order to preserve residence for naturalization purposes. A re-entry permit would also be required and if the N-470 is not approved, the REP would protect the greencard for up to 2 years abroad.
Click to expand...

I went to Baja-California (Mexico) for family vacation during the same month I got my green card :( so I think N-470 option is out for me. REP would reset my naturalization eligibility date to a future date so my inclination is to try out naturalization option now and hope for the best at the same time keep REP in mind as an option.

Is there anything else that I could do (between now and 09/2011) to improve my chances of getting naturalization through? if yes, please let me know...

Jay
 
jaypoor said:
Please post your experiences with naturalization process after criminal charges.

Basically mine was simple battery charge (1 count) and court dismissal after completing pretrial diversion conditions (24-session counseling and no repeat episode). My GC was employment based and I have been employed for all along since getting GC.

It would help, me and others in similar situation, understand

1) when to file,
2) what are my chances to get it approved,
3) what kind of questions that could come up and
4) Whether immigration attorney could make any difference or not.

I have other situation that would warrant a longer than 12 month travel outside US and it wouldn't help to wait for more than 4 years again after returning back.

Jay
Click to expand...




I had a shoplifting charge back in 2006. the case eventually got dismissed after 24 months. No probation or anything, I submitted an N-400 back in 2009 that got denied because of LACK OF GOOD MORAL CHARACTER. In that denial letter, it says that I have to try back 5 years after the date of my arrest ....I consulted with my attorney and he gave me a green light to go ahead and file another N-400. so I did submit one. USCIS considers even the slightest thing aground for denial. The attorney advised me to take to the interview something that show, during the statutory period which 5 years prior to filing, I am a person of good moral character. My girlfriend and I donated money to the MS association, I had blood card showing that I am a regular blood donor, and I donated some money to the local Islamic association here ...ect

you should be fine as long as it has been 5 years since your incident ... with no other violations during the statutory period .

I am in Washington State ...Here is my timeline:

N-400 Submitted 02/07/2011 (Phoenix Lock-box)
Check cashed 02/10/2011
NOA received 02/12/2011
Priority date 02/09/2011
Biometrics Notice Received 03/11/2011
Biometrics done (Walk-in) Same day 03/11/2011

I called The FBI office and said that the fingerprint status for USCIS was sent back the same day ... so the FBI background results are back to the Immigration office. some background check get stuck at the FBI office for a long time ..

Here is the number if you guys wanna call the FBI office: 304-625-5590

So I am still waiting for my interview letter ...

Wish me luck ....
 
Here is another site that posts timelines of N-400's and other applications in all sorts of USCIS district offices ...

Very Informative .....

Good luck To you all ....
 
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