Need help!!!! N 400

S

seattleguy12

New Member
I was arrested for patronizing a prostitute in Aug 2007. I plead NOT GUILTY and the charge was amended to Disorderly Conduct. I did not have to make any plea for the amended charge. The judge ordered 2 years of probation and "stay of certain areas" and fined $ 500. The charge was dismissed and case closed on 13 Nov 2009. The max jail time for both crimes is 90 days and upto $ 1000 in fine.

1) Should I apply for N 400 now or do I have to wait for 3 years? (Married to US citizen)
2) Am I guilty of a CIMT?
3) Does the $ 500 fine trigger any adverse effects?
4) Did the 2 years probation trigger any adverse effects?

Thanks,
 
Disorderly conduct can be a CIMT in certain cases depending on underlying charges (ex:soliciting to engage in lewd and dissolute conduct). However, solicitation of a prostitute has never been found to be a CIMT for immigration purposes.
If you have been married to a US citizen for 3 years you should be fine to apply now. Just make sure to bring certified court documents to the interview.
http://www.shusterman.com/pdf/cmt04.pdf

http://www.uscis.gov/err/H2%20-%20Waiver%20for%20Excludability/Decisions_Issued_in_2009/Jul012009_04H2212.pdf
 
seattleguy12 said:
I was arrested for patronizing a prostitute in Aug 2007. I plead NOT GUILTY and the charge was amended to Disorderly Conduct. I did not have to make any plea for the amended charge. The judge ordered 2 years of probation and "stay of certain areas" and fined $ 500. The charge was dismissed and case closed on 13 Nov 2009. The max jail time for both crimes is 90 days and upto $ 1000 in fine.

1) Should I apply for N 400 now or do I have to wait for 3 years? (Married to US citizen)
2) Am I guilty of a CIMT?
3) Does the $ 500 fine trigger any adverse effects?
4) Did the 2 years probation trigger any adverse effects?

Thanks,
Click to expand...

Your situation is similar to mine. The only difference is that i applied based on 5yrs.
 
Bobsmyth said:
Disorderly conduct can be a CIMT in certain cases depending on underlying charges (ex:soliciting to engage in lewd and dissolute conduct). However, solicitation of a prostitute has never been found to be a CIMT for immigration purposes.
If you have been married to a US citizen for 3 years you should be fine to apply now. Just make sure to bring certified court documents to the interview.
Click to expand...

Even using 3 year statutory period, the event was still in that period
(arrested in 2007 plus probation). It seems violation of any law can be used to reflect a moral characters.

But I agree the OP should file. I don't think in anyway it is deportable. So
at most he will lose $ 675 plus mailing, parking and driving costs etc
 
Update:

Interview completed early Feb in Seattle USCIS office. Total duration of interview - about 15 mins. Asked all the normal questions. Did not ask any questions regarding circumstances of arrest. All she askd were 1) Is this the only arrest? 2) Is probation complete? 3) Asked for police report and case disposition paper. Said she needs secondary approval and left office for about 5 mins. Returned saying supervisor not available, will mail result. Received Oath letter in 2 weeks. Unfortunately had planned a visit out of country during that week. Sent the Oath letter back requesting for reschedule. Got notice of action on that letter asap and another letter scheduling the Oath for second time in about a month. So, all in all, 5 months.

Summarize: Applied for naturalization withing 3 yr statutory period GMC. Was approved.

Thanks to everyone who posted their expereinces.
 
You must log in or register to reply here.
Top