Overseas travel and misd. charge

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new_member2008

Registered Users (C)
My brother was charged with a misd. battery offence. He plead guilty to the charge and was given 6 months supended sentence and one year probation which he completed last year. He applied for Naturalization and was denied. He filed N-336 and waiting for the hearing date. He is going overseas and we are trying to stop him. We think he might have to go through extensive questioning on his wasy back on the port of entry. can he be deported? please advise.
 
I would wait a bit too, especially since he recently (correct me if I'm wrong) got done with his suspended sentence.
 
No issue, if he comes back within reasonable timeframe . If there is probable cause for deportation then that will start anyway then won't just have stop it at port of entry unless he overstayed.
 
My advice: Make him not to take overseas trip. They threatened to deport me. I had the same battery charge, but luckily my charge was dismissed and still they gave me a lot of hard time at airport. My incident was more than 10 years old. I would wait for 5 years, reapply and deal with it than.
 
new_member2008,

I have been in a same situation as your brothers' in. I was charged with Misd. Battery. I plead Not Guilty and my charges were dropped (Diversion: 3 mnth prob, 12 Anger mgmt., 24 hrs comm serv.) and expunged in May 2005. I have traveled twice in Jan and Oct 2007 abroad without any problem. But the thing is I got my PR card in Feb 2007 after all the drama. They do know about the arrest but I dont think that Immigration officer can see it at the port of entry, since the charges were expunged. I may be wrong.
I have a question for you: What was the reason they gave him for the denial of his N-400? Was it 3 year Good Moral Character requirement?

I am asking because am planning to file my N-400 next month, under 3 year married to USC guideline and I am clean for the last three years.
 
new_member2008 said:
My brother was charged with a misd. battery offence. He plead guilty to the charge and was given 6 months supended sentence and one year probation which he completed last year. He applied for Naturalization and was denied. He filed N-336 and waiting for the hearing date. He is going overseas and we are trying to stop him. We think he might have to go through extensive questioning on his wasy back on the port of entry. can he be deported? please advise.
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Meet with a lawyer to find out if the specific offense in the jurisdiction where it happened is a deportable one. Don't rely on free advice from anonymous Internet boards for something as serious as this. He actually pleaded guilty, he wasn't just arrested. They haven't issued any deportation notice yet, but that doesn't mean he is safe from deportation or being blocked at the port of entry.
 
Alien1 said:
new_member2008,

I have been in a same situation as your brothers' in. I was charged with Misd. Battery. I plead Not Guilty and my charges were dropped (Diversion: 3 mnth prob, 12 Anger mgmt., 24 hrs comm serv.) and expunged in May 2005. I have traveled twice in Jan and Oct 2007 abroad without any problem. But the thing is I got my PR card in Feb 2007 after all the drama. They do know about the arrest but I dont think that Immigration officer can see it at the port of entry, since the charges were expunged. I may be wrong.
I have a question for you: What was the reason they gave him for the denial of his N-400? Was it 3 year Good Moral Character requirement?

I am asking because am planning to file my N-400 next month, under 3 year married to USC guideline and I am clean for the last three years.
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It was denied because of CIMT but lawyer appealed that a single offence where imposed sentence is less than a year (6 months suspended in my case) is not sufficient to deny naturalization. She says that I am safe to travel.

In your case you travelled after the expungement. I am not eligible for that untill 2010.
 
new_member2008 said:
It was denied because of CIMT but lawyer appealed that a single offence where imposed sentence is less than a year (6 months suspended in my case) is not sufficient to deny naturalization. She says that I am safe to travel.

In your case you travelled after the expungement. I am not eligible for that untill 2010.
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I don't know why they are holding your expungment since you are done with your probation, mine was expunged right after the probation. If i were in your situation I will wait until everything is over and done with. IO's at the ports are not as nice as the ones at your DO. they need just one excuse.
 
Whether he's deportable depends on the exact charge and maximum possible sentence allowed under the law. Without knowing the exact charge, it would be speculation on my part to answer otherwise.
 
Bobsmyth said:
Whether he's deportable depends on the exact charge and maximum possible sentence allowed under the law. Without knowing the exact charge, it would be speculation on my part to answer otherwise.
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It was a class B misd. and max sentence is 6 months in jail but he got 6 months suspended sentence plus a year probation which he completed. I dont know if it is deportable charge. charge was battery (hitting someone) not a domestic.
 
new_member2008 said:
It was denied because of CIMT but lawyer appealed that a single offence where imposed sentence is less than a year (6 months suspended in my case) is not sufficient to deny naturalization.
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I've read about such minor crimes not being a permanent bar to naturalization, but almost anything involving violence can legitimately lead to a denial if the crime was within the 5 years prior to filing the N-400.
 
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new_member2008 said:
It was a class B misd. and max sentence is 6 months in jail but he got 6 months suspended sentence plus a year probation which he completed. I dont know if it is deportable charge. charge was battery (hitting someone) not a domestic.
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Do you know what the exact wording on the USICS denial was? For example, lack of moral character based on battery conviction?
 
He applied for naturalization after the probation was completed and got the letter of completion from court. He submitted all docs with the application.
 
In order to be considered inadmissible for naturalization, a CIMT must have a maximum possible sentence of 1 year or more and a convicted sentence of more than 6 months (regardless if it is suspended or not) and have occurred during the 5 year statutory period.

In order to be deported, a CIMT with the same sentencing criteria must have been committed within the first 5 years of entry into the US, or two or more CIMT must have been committed within the first 5 years of entry into US (regardless of sentence).

In most states, a class B misdemanor battery CIMT charge carries a maximum sentence of 6 months. Your brother's charge and sentence does not appear to fit the criteria for either a naturalization denial or deportation. Was there anything else in his history or did he fail to disclose antyhing?

With his conviction of a CIMT, there's always a chance he will face scrutiny at a US border entry, but I doubt they would deport him unless there is anything else in his history (ie another CIMT). If anything, he should carry the court disposition with him if he chooses to travel in case his CIMT does come up.

Have him consult a lawyer for a legal professional opnion.
 
Thanks Bob.

This is the only conviction he has and he filed N-336 because USCIS cannot deny naturalization because of a single petty offence. He meets the conditions of the petty offence. Lets see what happens. its been 4 month and he is still waiting for a hearing.
 
new_member2008 said:
This is the only conviction he has and he filed N-336 because USCIS cannot deny naturalization because of a single petty offence.
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Did he have any arrests outside of this incident? Was he originally charged with something more serious, and then pleaded it down to obtain the class B misdemeanor? In some cases USCIS can go by the original charges, even if plea bargaining brought it down.
 
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