Past Criminal History & Tickets

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northface83

Registered Users (C)
Hi Everyone,

I'm here seeking advice so that maybe I will not have to hire an immigration lawyer for my US Citizenship.

I have lived in the United States as a permanent resident for about 20 years now. I came to the US when I was 6 and I've done all my schooling here.

When I was 18 (about 7-8 years ago) I was arrested for theft. I spent a night in the county jail. The case was reduced to a misdemeanor and I had to do about 40 hours of community service. I think I was also on some kind of probation for about a year thereafter - i just couldn't get into any kind of trouble. :( About 2 years ago, I expunged this from my criminal record for job seeking purposes.

I also have a few tickets that don't look too good. At around 22 years old and 23 years old I got a ticket for an open alcohol container in public in los angeles county and santa barbara county.

I had a traffic ticket when i was about 21 years old - speeding. Other than that, I can't remember anything else that was major. I've been pretty clean except for the 3 cases I just mentioned.

The only other thing that I can think of that could be worth mentioning is when I was 21 or 22 I went to mexico without bringing my greencard or passport. I only went to mexico for about 8 hours on a birthday trip for my friend. I got stuck at the border because I didn't have my green card or passport and I was fined about 250 dollars. :eek:

I don't know what my chances are and if it's worth a try to go for my citizenship. :confused: I would like to say that I'm a contributing member of society as I've graduated with a major in Computer Engineering and a minor in psychology. After graduating, I was hired as a Sales Engineer for a networking company.

I've held off trying for my citizenship for sometime because I thought I was wasting my time, but I think it might be a good time to revisit this idea. Please advise. Any comments or suggestions would be greatly appreciated.
 
northface83 said:
I've held off trying for my citizenship for sometime because I thought I was wasting my time, but I think it might be a good time to revisit this idea.
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The risk is deportation plus $675 dollars the reward is citizenship and peace of mind since you can place everything behind. If the risk for deportation is none or minimal, then go ahead to apply. If the risk of deportation is significant but still have a chance of not being deportaed, then Consider following factors:
(1) if you do not have citizenship and just live as a PR, do you have a peace of mind so that you don't have to worry about it for the rets of life?
(2) If deportation occurs, can you live with that ? is it a bearable or just you can take it and go on with yoru life in your citizenship country?

If answer is NO/Yes, then apply
If answer is NO/NO, then do apply
If answer is Yes/Yes, then do apply, either is OK
If answer is Yes/No, then do not apply
 
northface83 said:
I have lived in the United States as a permanent resident for about 20 years now. I came to the US when I was 6 and I've done all my schooling here.
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Also check with your parents to see if any of them was naturalized bwfore you turned 18. If so, maybe you are already a US citizen
 
yeah my mom got her citizenship when i was 18 already... so it didnt come down to me...

so the other thing i forgot to mention was that i pleaded 'no contest' - i dont know if that makes a difference

as far as my green card, it expires in 2012. I forgot when i got my green card but i think i got it renewed when i was 14 because i have a young picture on there.

i didnt even think about deportation because i thought it would have already happened by now if they wanted to deport me..

thx to all that replied.
 
willl these tickets show up?

"I also have a few tickets that don't look too good. At around 22 years old and 23 years old I got a ticket for an open alcohol container in public in los angeles county and santa barbara county." - should i explain myself about these tickets also?
 
northface83 said:
willl these tickets show up?

"I also have a few tickets that don't look too good. At around 22 years old and 23 years old I got a ticket for an open alcohol container in public in los angeles county and santa barbara county." - should i explain myself about these tickets also?
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Please assume all tickets would show up.

Many a times, the IO has not cared much about the tickets, maybe because they are generous or the ticket count is very low (one or two) and the nature is minor. However, you should assume they have all this information about you - even if they don't. The alternative will be you saying there are no tickets, and the IO having the proof.

The risk is that you are portraying yourself as a repeat offender. Theft, open container, another open container, speeding and travel without documents (to mexico). Sometimes it is best to have a clean 5 years - I would not judge whether 5 issues is one too many, but if I were in your situation, I would wait another couple of years.

My assumption: You are 26 now, and have not had ANY issue in the last 3 years.
 
A theft conviction can lead to deportation, depending on the exact charge. Eventhough you had your conviction expunged it still counts as a conviction for immigration purposes.
Contact an immigration lawyer specialized in criminal law to review the exact charge and determine if it will trigger deportation.

The other two charges are minor in nature and otherwise don't make ineligible for naturalization.
 
northface83 said:
willl these tickets show up?

should i explain myself about these tickets also?
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Yes, the tickets will show up on the USCIS computers.

Truthfully answer any questions asked at the interview. You say "all that I can think of," for tickets. You can check the Supreme Court website for your State as they often will have online access to public records. Using your name, do a search and it should show all of your citations and/or Court proceedings. Some States make you go in to the Supreme Court offices and pay a fee for a paper copy if they do not have the free facility on their website.

As Bob says, getting a Lawyer for the theft thing would be a smart move. Find one experienced in Criminal Law AND Immigration Law as USCIS appears to be unbending on the CIMT rule. If in doubt of that and what information they will have access to, check this forum for some scary stories.

http://forums.immigration.com/forumdisplay.php?f=183
 
northface83 said:
i didnt even think about deportation because i thought it would have already happened by now if they wanted to deport me..
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Local police/court do not necessarily alert immigration authority . USCIS does not monitor PRs deportability on continuous basis. They only check on a PR's deportability when that POR apply for some immigration benefits inluding citizenship application)
 
thanks everyone - it looks like i should wait a few more years maybe in 2012 when i have to renew my gc. ill take a look into my records at court.

thanks to everyone who provided advice. i will probably look into an immigration lawyer as well.
 
northface83 said:
thanks everyone - it looks like i should wait a few more years maybe in 2012 when i have to renew my gc. ill take a look into my records at court.

thanks to everyone who provided advice. i will probably look into an immigration lawyer as well.
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It won't make difference because there is no statute of limitation for deportation and for citizenship it is already after 5 years.
 
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