need help, please

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roset96

Registered Users (C)
came to US 1996 as fiancee , got married became PR 1998 i am considering to apply for naturalization this year cause of my son so he can also be naturalized, problem i got arrested last year 2006 but was never convicted i was put on Accelerated Rehabiltion for one year did not have to do anything this year 2007 after that the case got dismessed do i have to wait for another 3years since i based mine married to a US citizen, please help
 
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It depends on the totality of circumstances involved. Since you were not convicted, they can't take away your green card for the incident, so if you can afford to lose the fee it is worth a try to apply now. If denied because of that incident, you'll be able to reapply when they say you can.
 
Diversionary sentencing programs are usually considered equivalent to a conviction under immigration law. You should definitely consult a lawyer before submitting any paperwork that might bring this offense to USCIS attention.

The dividing line between offenses which will stop you naturalizing, and those which don't, is generally anything carrying a penalty of 1yr or more prison time. You also cannot naturalize while you are still on probation.
 
thanks a the help but it still i never do anything only i have to stay from trouble and after that it was dismiss last july2007, so then i have to wait for awhile?
 
"i was put on Accelerated Rehabiltion for one year"
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Sounds to me like you did take a diversionary program in lieu of sentencing. Whether or not you served any jail time is immaterial; if you hadn't agreed to go on this "Accelerated Rehabilitation" program, your charges would not have been dismissed.

I'll say it again - you need to consult an immigration lawyer experienced with criminal defense.
 
boatbod said:
Diversionary sentencing programs are usually considered equivalent to a conviction under immigration law.
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But not the extent of revoking the green card. They can deny the green card if it is still in process, or deny a citizenship application, but they can't take away the card for something less than an actual conviction (except maybe if you are a suspected terrorist).
 
Jackolantern said:
But not the extent of revoking the green card. They can deny the green card if it is still in process, or deny a citizenship application, but they can't take away the card for something less than an actual conviction (except maybe if you are a suspected terrorist).
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They sure can!

At his deportation hearing, the petitioner argued that he had merely been placed in a pretrial diversion program and thus had neither been "convicted" of the offense of spousal abuse nor "sentenced" to one year of probation. On January 15, 1999, the immigration judge (the IJ) ruled that the petitioner had been convicted of the crime for immigration purposes; that the crime was potentially punishable by a prison term of one year and involved moral turpitude; and that the petitioner had been sentenced to probation. Consequently, she ordered the petitioner removed from the United States.​

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/1st/991852.html
 
roset96 said:
cameto US 1996 as fiancee , got married became PR 1998 i am considering to apply for naturalization this year cause of my son so he can also be naturalized, problem i got arrested last year 2006 but was never convicted i was put on Accelerated Rehabiltion for one year did not have to do anything this year 2007 after that the case got dismessed do i have to wait for another 3years since i based mine married to a US citizen, please help
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In order to accurately answer your question, please provide:

1. The state where you live in
2. The exact charge
3. Maximum sentence - if known

Like other have said, there may be a conviction for immigration purposes so you need to consult an attorney before filing your Citizenship and/or Green Card renewal application in 2008.
 
boatbod said:
They sure can!

At his deportation hearing, the petitioner argued that he had merely been placed in a pretrial diversion program and thus had neither been "convicted" of the offense of spousal abuse nor "sentenced" to one year of probation. On January 15, 1999, the immigration judge (the IJ) ruled that the petitioner had been convicted of the crime for immigration purposes; that the crime was potentially punishable by a prison term of one year and involved moral turpitude; and that the petitioner had been sentenced to probation. Consequently, she ordered the petitioner removed from the United States.​

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/1st/991852.html
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But here there was a conviction, because "In its decision, the Board held that the petitioner had been convicted for immigration purposes pursuant to 8 U.S.C. � 1101(a)(48)(A) because he had entered a guilty plea and a judge had decreed a form of punishment (the one-year probationary period)."

It would be different if the person had agreed to the probation without admission of guilt (if that is possible).
 
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A. Federal pre-plea diversion
The federal government operates a Pretrial Diversion Program for certain individuals
arrested on federal charges.9 To participate in the federal program, eligible individuals must
waive their rights to a speedy trial and presentment of their cases within the statute of limitations,
and must enter into a pretrial diversion agreement. They are not required to admit their guilt or
formally plead guilty. Successful completion of program requirements will result in the
dismissal of charges.


Connecticut: Connecticut law provides a number of pretrial disposition programs that do
not require the defendant to plead guilty or to admit sufficient facts to warrant a finding of guilt,
and which will therefore not count as a “conviction” for immigration purposes. Such programs
include, but are not limited to: (a) Accelerated Pretrial Rehabilitation, for certain low-level
offenses (including some felonies under certain circumstances), Conn. Gen. Stat. § 54-56e; (b)
Pretrial Family Violence Education Program, for certain low-level family violence offenses
(including some felonies under certain circumstances), Conn. Gen. Stat. § 46b-38c(g); (c) Pretrial
School Violence Prevention Program, for certain offenses committed by students under
certain circumstances, Conn. Gen. Stat. § 54-56j; (d) Pretrial Alcohol Education System, for
certain offenses related to the operation of a motor vehicle or vessel while under the influence of
alcohol or drugs, Conn. Gen. Stat. § 54-56g; (e) Pretrial Drug Education Program, for certain
drug offenses, Conn. Gen. Stat. § 54-56i.
 
my son got his green card last 2007 he was 13 then now he is 16, he lives with me and his stepfather would he be an USC through me?
 
Congratulations! It is an amazing story of patience, perseverance and finally success. Good luck to you!
Sorry, I do not know how the exact process of how your son will become USC, whether through you or on his own.
Will leave the question for people with more knowledge in such specific matter.
 
roset96 said:
my son got his green card last 2007 he was 13 then now he is 16, he lives with me and his stepfather would he be an USC through me?
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Yes, if you have legal custody in addition to him physically living with you in the US, he'll be a USC as a result of your naturalization. So now you can get the custody papers and other documents and apply for his US passport or N-600.
 
I am confused, my son came to US as an IR-2, my husband, stepfather petition him i did not.
Would he be able to derived citizenship through me?
Or does he have to apply on his own when his 18?
 
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