Need Help -- Naturalization & Deffered Sentence

[emkay]

I need help with a Naturatilzation issue. Both my wife and I have 'green card' lawfully since July 2001 thru my employment. We would like to go from naturalization in the coming year.

Long story but, my wife is involved with an 'unattended Hit & Run' in Bellevue, Washington last month. She panicked and left. The Prosecutor wants to offer Deferred sentence,and then dismiss the charges in six months. We are in the Pre-trial phase of the case still.

Will this implicate my wife and/or I under the 'Good Moral Character' for Naturalization or Green Card Renewal process?

What are the other option I have, if any?

Has anyone

 

[high009]

A friend of mine had a hit & run got aressted and finger printed. He negotiated with the person he hit and the judge sentensed him only for a week in community service. He talked to FBI and they told him that after take 2 years his record will be cleared. I would suggest to talk to a lawyer about it. You should not have a problem if you were not invloved and not finger printed.

 

[emkay]

Thanks & Clarification

Thanks. I guess I will be fine.

But my wife did get a citation and will be at the pre-trial tomorrow the Prosecutor is offering the Deferred sentence which means it will be off the record in 6mos as not guilty. But INS does not care, they look at deferred sentences too, from I can read on the N400 forrm??

any help???

 

[high009]

Thanks. I guess I will be fine.

But my wife did get a citation and will be at the pre-trial tomorrow the Prosecutor is offering the Deferred sentence which means it will be off the record in 6mos as not guilty. But INS does not care, they look at deferred sentences too, from I can read on the N400 forrm??

any help???

worse case she would need to wait another 3-5 years to establish good moral chracter, then she can apply. I wouls say apply any way and lets see.

 

[emkay]

k. thanks. What is the downside if she applies? Can she get deported for this? It looks like the maximum sentence was 90days prison term $2000 fine....

Will it impact our travel outside the US?

 

[jenimmi]

k. thanks. What is the downside if she applies? Can she get deported for this? It looks like the maximum sentence was 90days prison term $2000 fine....

Will it impact our travel outside the US?

Your wife should not have a problem with deportation or admissibility(re-entry into U.S.), as the max sentence per what you said, is only 90 days and if it happened 5 years after her admission into the U.S.

For waiver of inadmissibility read this. I do not know exactly if "Hit and Run" is a CIMT (Crime involving Moral Turpitude), but that's where INA says that if convicted of CIMT, the max sentence cannot be one year or more to qualify for inadmissibility. Also the person should NOT have been convicted within 5 years of their admission into the U.S.

http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-22/slb-5277?f=templates&fn=document-frame.htm