Non-citizen with two possibe misdemeanor. Can I apply for naturalization ?

F

Fool_PR

Registered Users (C)
I came to USA during 1991 as a F1 visa holder and was arrested for a felony (grand theft) for writing a bad check (though I paid back the money to banks even before I was arrested) on 1994(This incident was CMT I confirmed it with UCIS as it was Bank check kiting). The charge was reduced to misdemeanor 1, I had plead guilty and had 28 days jail time with 14 days suspension and paid 250 dollar fine. On 2000 I was arrested for a shop lifting for 50 dollar items. Had finger printed and released. Never went to court, did not have any plea guilty (communicated only with my lawyer). Did 16 hours community service. Case was dismissed and all records were expunged and the arrest was never reported to FBI. On 2002 got my green card based on citizen wife. I disclosed all the incidents and submitted all court papers. On 2004 I was stopped at immigration (airport), was questioned regarding my arrests. They recall my green card application, made sure I disclosed everything with my application and then let me go. On 2005 I traveled overseas again without any incident. On 2012 I renewed my green card.
Now, Is there anyway that I can be naturalized in anytime in my life? The reason is Immigration laws are more political and socio-economic. Today I may be o.k. with green card. But tomorrow there might be another new law that may lead me to notice to appear. I have clean record since I got green card if it matters at all. I also never applied for any waiver.
 
Fool_PR said:
I came to USA during 1991 as a F1 visa holder and was arrested for a felony (grand theft) for writing a bad check (though I paid back the money to banks even before I was arrested) on 1994(This incident was CMT I confirmed it with UCIS as it was Bank check kiting). The charge was reduced to misdemeanor 1, I had plead guilty and had 28 days jail time with 14 days suspension and paid 250 dollar fine. On 2000 I was arrested for a shop lifting for 50 dollar items. Had finger printed and released. Never went to court, did not have any plea guilty (communicated only with my lawyer). Did 16 hours community service. Case was dismissed and all records were expunged and the arrest was never reported to FBI. On 2002 got my green card based on citizen wife. I disclosed all the incidents and submitted all court papers. On 2004 I was stopped at immigration (airport), was questioned regarding my arrests. They recall my green card application, made sure I disclosed everything with my application and then let me go. On 2005 I traveled overseas again without any incident. On 2012 I renewed my green card.
Now, Is there anyway that I can be naturalized in anytime in my life? The reason is Immigration laws are more political and socio-economic. Today I may be o.k. with green card. But tomorrow there might be another new law that may lead me to notice to appear. I have clean record since I got green card if it matters at all. I also never applied for any waiver.
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You should be OK. Even if one takes the most unfavorable view to your situation and regards both incidents as CMT-related convictions (which in theory might have made you deportable in 2000, after the shoplifting episode), the problem was cured after you adjusted status and became an LPR (since as you say, you did disclose both incidents in your GC application).
Since all this happened at least 12 years ago, and you've had a clean record since getting a GC in 2002, I believe your N-400 will be approved if you apply now. However, you'll still need to disclose both episodes in your N-400 application (there are questions in N-400 about any past arrests/convictions, no matter how old) and provide documentation regarding eventual court disposition of both those episodes.
 
which in theory might have made you deportable in 2000, after the shoplifting episode
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I wonder how the GC interview went. Did they ask you anything about those convictions? Do you know why they gave you GC?
 
raevsky said:
I wonder how the GC interview went. Did they ask you anything about those convictions? Do you know why they gave you GC?
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The GC interview went pretty good that time. IO asked me about the convictions. I had to gone through in detail. I do not know why they gave me GC. May be I looked innocent in face to face though in paper i was a bad boy. But the IO told me at the end that this is yoru last chance to fix yourself.
 
baikal3 said:
You should be OK. Even if one takes the most unfavorable view to your situation and regards both incidents as CMT-related convictions (which in theory might have made you deportable in 2000, after the shoplifting episode), the problem was cured after you adjusted status and became an LPR (since as you say, you did disclose both incidents in your GC application).
Since all this happened at least 12 years ago, and you've had a clean record since getting a GC in 2002, I believe your N-400 will be approved if you apply now. However, you'll still need to disclose both episodes in your N-400 application (there are questions in N-400 about any past arrests/convictions, no matter how old) and provide documentation regarding eventual court disposition of both those episodes.
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Very positive view. I hope the IO will feel the same
 
Make sure to consult an immigration lawyer before applying. Show them the court paperwork for those offenses and given them the relevant facts about your green card process so they can more accurately evaluate whether you're deportable or inadmissible (I think not, but we haven't seen your court paperwork and we aren't lawyers).
 
The interesting thing is that I still do not see a legal basis for USCIS to approve your adjustment of status application.
You were inadmissible according to 212(a)(2)(A)(i)(I) (because you had committed a crime of moral turpitude) and exception 212(a)(2)(A)(ii)(II) did not apply to you because you had committed more than one crime of moral turpitude.
The only exceptions could be if you were under 18 or if you managed to prove the reason for your crime was not to take money permanently, that you intended to return the money from the very beginning.
Other than that I do not see a pissibility for you application for adjustment of status to be approved.
From my point of view you were inadmissible and still are. You were supposed to be denied AOS. You were supposed to be denied admission at least each time you tried to enter US after absense of more than 180 days.

A the same time I do not see a way for USCIS to deny your naturalization aplication under "good moral character" clause other than by saying they made a mistake having adjusted your status. That is because you did not have any single problem with the law during the last 5 years before filing N-400 and after that.
 
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raevsky said:
A the same time I do not see a way for USCIS to deny your citizenship aplication under "good moral character" clause other than by saying they made a mistake having adjusted your status. That is because you did not have any single problem with the law during the last 5 years before filing N-400 and after that.
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If someone was ineligible for the green card when it was granted, that is sufficient reason for denial of naturalization, even if their record has been 100% clean since GC approval. That's true even if the green card was granted in error with no crime or other wrongdoing by the individual. In such a situation the denial would not be for lacking good moral character, it would be for GC ineligibility.
 
Acording to Garcia v. Attorney General of the United States (3d Cir. Jan. 14, 2009; http://caselaw.findlaw.com/us-3rd-circuit/1143416.html ), the Court held that “a five-year limitation applies to both rescission and deportation actions taken to invalidate an adjustment that was erroneously granted to an ineligible alien.”
So, your GC cannot be revoked after 5 years passed since your were granted it in error with no fault of yours.
However, you could be denied admission returning from abroad, because you are inadmissible

It seems to me the borderline is the absense of 180 days long. If you are absent more than that, you have to apply for admission and they have to deny it.
 
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Jackolantern said:
If someone was ineligible for the green card when it was granted, that is sufficient reason for denial of naturalization, even if their record has been 100% clean since GC approval. That's true even if the green card was granted in error with no crime or other wrongdoing by the individual. In such a situation the denial would not be for lacking good moral character, it would be for GC ineligibility.
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Thanks means I can not apply for naturalization in my life. and probably I am already out of status. Thanks for the info
 
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raevsky said:
The interesting thing is that I still do not see a legal basis for USCIS to approve your adjustment of status application.
You were inadmissible according to 212(a)(2)(A)(i)(I) (because you had committed a crime of moral turpitude) and exception 212(a)(2)(A)(ii)(II) did not apply to you because you had committed more than one crime of moral turpitude.
The only exceptions could be if you were under 18 or if you managed to prove the reason for your crime was not to take money permanently, that you intended to return the money from the very beginning.
Other than that I do not see a pissibility for you application for adjustment of status to be approved.
From my point of view you were inadmissible and still are. You were supposed to be denied AOS. You were supposed to be denied admission at least each time you tried to enter US after absense of more than 180 days.

A the same time I do not see a way for USCIS to deny your naturalization aplication under "good moral character" clause other than by saying they made a mistake having adjusted your status. That is because you did not have any single problem with the law during the last 5 years before filing N-400 and after that.
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The immigration lawyers told me something else.. may be they just want the money. I am sure you are right
 
raevsky said:
The interesting thing is that I still do not see a legal basis for USCIS to approve your adjustment of status application.
You were inadmissible according to 212(a)(2)(A)(i)(I) (because you had committed a crime of moral turpitude) and exception 212(a)(2)(A)(ii)(II) did not apply to you because you had committed more than one crime of moral turpitude.
The only exceptions could be if you were under 18 or if you managed to prove the reason for your crime was not to take money permanently, that you intended to return the money from the very beginning.
Other than that I do not see a pissibility for you application for adjustment of status to be approved.
From my point of view you were inadmissible and still are. You were supposed to be denied AOS. You were supposed to be denied admission at least each time you tried to enter US after absense of more than 180 days.

A the same time I do not see a way for USCIS to deny your naturalization aplication under "good moral character" clause other than by saying they made a mistake having adjusted your status. That is because you did not have any single problem with the law during the last 5 years before filing N-400 and after that.
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I talked to 10 lawyers (very experienced). All of them said UCIS should not consider the dismissed case as a conviction since there was no guilty plea and when they issued me the green card they considered the same. usually UCIS does not want to overull a court judgement. law doesn't force UCIS officer to deceide a dismissed case as a conviction even there is some merit unless it is a serious CMT (not all CMT are even same).

Possible all these lawyers wanted to take the case and make some money. I looked at your profile and sounds you are a very thoughful person. I am taking your words. Just talked to my wife and we are thinking to sell our two houses and cash all investments as anytime i can get the notice to appear. We have decieded to plan ahead. Thank you so much.
 
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raevsky said:
Acording to Garcia v. Attorney General of the United States (3d Cir. Jan. 14, 2009; http://caselaw.findlaw.com/us-3rd-circuit/1143416.html ), the Court held that “a five-year limitation applies to both rescission and deportation actions taken to invalidate an adjustment that was erroneously granted to an ineligible alien.”
So, your GC cannot be revoked after 5 years passed since your were granted it in error with no fault of yours.
However, you could be denied admission returning from abroad, because you are inadmissible

It seems to me the borderline is the absense of 180 days long. If you are absent more than that, you have to apply for admission and they have to deny it.
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I had been inspected when I was coming from aborad. they went through the details and said i am fine. In last ten years I had travelled 6 times out of the country. But guess now I have a reason to be scared as you said. Thanks, next time I guess it will be just one way ticket. Feeling bad... lived in this country for so long had gone through so much, been in college for 8 years. But now I realize how bad I am. Want to cry ****
 
Jackolantern said:
If someone was ineligible for the green card when it was granted, that is sufficient reason for denial of naturalization, even if their record has been 100% clean since GC approval. That's true even if the green card was granted in error with no crime or other wrongdoing by the individual. In such a situation the denial would not be for lacking good moral character, it would be for GC ineligibility.
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very practical view of point. My last hope is gone. First the nturalization and finally the green card. Hopeless situation
 
Fool_PR said:
I had been inspected when I was coming from aborad. they went through the details and said i am fine. In last ten years I had travelled 6 times out of the country. But guess now I have a reason to be scared as you said. Thanks, next time I guess it will be just one way ticket. Feeling bad... lived in this country for so long had gone through so much, been in college for 8 years. But now I realize how bad I am. Want to cry ****
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Have you been absent from US for more than 180 days in a row?
 
Fool_PR said:
I talked to 10 lawyers (very experienced). All of them said UCIS should not consider the dismissed case as a conviction since there was no guilty plea and when they issued me the green card they considered the same. usually UCIS does not want to overull a court judgement. law doesn't force UCIS officer to deceide a dismissed case as a conviction even there is some merit unless it is a serious CMT (not all CMT are even same).

Possible all these lawyers wanted to take the case and make some money. I looked at your profile and sounds you are a very thoughful person. I am taking your words. Just talked to my wife and we are thinking to sell our two houses and cash all investments as anytime i can get the notice to appear. We have decieded to plan ahead. Thank you so much.
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Did 16 hours community service
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So, you had a punishment imposed by the judge.

http://www.state.gov/documents/organization/86942.pdf
9 FAM 40.21(a) N3.1 Defining Conviction
(CT:VISA-1506; 09-07-2010)
INA 101(a)(48) (8 U.S.C. 1101(a)(48)) defines “conviction” as either:
(1) A formal judgment of guilt entered by a court; or
(2) If adjudication has been withheld, either:
(a) A finding of guilty by judge or jury; or
(b) A plea of guilty or nolo contendere by the alien; or
(c) An admission from the alien of sufficient facts to warrant a finding of guilt; and
(3) The imposition of some form of punishment, penalty, or restraint of liberty by a judge.
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That is why it is equivalent to formal judgement of guilt.

Regarding expungement:

9 FAM 40.21(a) N3.2-1 Evidence of Conviction
(CT:VISA-1506; 09-07-2010)
Official records generally suffice to establish the existence of a conviction. However, some convictions that would make INA 212(a)(2)(A)(i)(I) applicable are no longer a matter of record. It must be borne in mind that not all expungements or pardons serve to relieve the individual of the effects of the conviction for immigration purposes. Therefore, in cases where an expungement or pardon may have removed the record of conviction from official records, or where the accuracy of records is otherwise suspect, the consular officer may require any evidence relevant to the alien‟s history which may appear necessary to determine the facts. CA/VO/L/A can provide guidance in cases where you are unsure if a conviction exists for purposes of applying INA 212(a)(2)(A)(i).

9 FAM 40.21(a) N3.2-2 Expunging Conviction Under U.S. Law
(CT:VISA-1784; 12-09-2011)
a. Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law No. 104-208, in which Congress provided a statutory definition for the term “conviction” at INA 101(a)(48), a full expungement of a conviction under U.S. law had been held to be equivalent in effect to a pardon granted under INA 237(a)(2)(A)(v) (8 U.S.C. 1227) and served to eliminate the effect of the conviction for most immigration purposes. In light of the passage of INA 101(a)(48), the Board of Immigration Appeals in Matter of Roldan, 22 I & N. Dec. 512, determined that judicial expungements based on rehabilitative or ameliorative statutes (laws that allowed for expungement of a sentence by a court based on a showing that the defendant had been rehabilitated or was otherwise worthy of relief) would no longer be recognized as effective for eliminating the conviction for immigration purposes.
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