Public lewdness charge and naturalization
- Thread starter sos83
- Start date
Sos83,
If its been five years since the incident then you can apply. No, I do not think they will deport you. There are people who have done far worst and have simply being denied and told to reapply again after five years. You may want to apply with a lawyer however. I dont really understand the story about your wife. Does she have a visa or a green card? If she only has a visa and it expired 8 years ago, then yes, you have a big problem in her case. I have heard of people whose visa expired within two years and were still given green card but it seems they have even passes a new law to prevent that although I am not certain. A friend of mine came with a visitors visa and it expired for almost three years, she married, they gave her green card. Now, she is applying for citizenship. So, you never know until you try.
If its been five years since the incident then you can apply. No, I do not think they will deport you. There are people who have done far worst and have simply being denied and told to reapply again after five years. You may want to apply with a lawyer however. I dont really understand the story about your wife. Does she have a visa or a green card? If she only has a visa and it expired 8 years ago, then yes, you have a big problem in her case. I have heard of people whose visa expired within two years and were still given green card but it seems they have even passes a new law to prevent that although I am not certain. A friend of mine came with a visitors visa and it expired for almost three years, she married, they gave her green card. Now, she is applying for citizenship. So, you never know until you try.
Jackolantern
Registered Users (C)
Did somebody steal the dot and comma from your keyboard?
Jackolantern
Registered Users (C)
They're not going to deport you for that, and it was a very minor offense outside the past 5 years which is not going to stop you from becoming a US citizen. Stop worrying!
Go to www.uscis.gov and on the laws tab, find 8 CFR 316.10 about GMC for naturalization and read about it.
truckensafely
Registered Users (C)
Your time counts from when the case was finally closed/settled & from reading your original post, it appears that your case was done with in Jan of 2006. If that's the case, then you should be good to go. Good luck.
To Jack: How did I do on my commas & dots?
To Jack: How did I do on my commas & dots?
tRuckensafely thank you!!!!! u did good with your commas and dots. well my lawyer told me " this kind of crime should not barred you to become a citizen" + I never plaed guilty to the crime, but am worry about how I am going to explain to the IO. What do you think guys should I admit to the IO what it says on the report or not? however before I go to the interview my lawyer told me "that she is going to prepare me" Vou parler Francais? je puex parler un peu le francais, viennent de francais? ja aime le rap francais booba, sinik, kery james soprano ect......
another think, the 5 years rule it apply for almost every case? is an execption or what. big joe, I have read some of the articles, its seems like I qualify, I been working for more than 5 years in the same job, I support my two childs and wife, and never been in trouble again.
Jackolantern
Registered Users (C)
For naturalization, the determination of moral character is based primarily on the past 5 years. Generally they don't care about crimes more than 5 years ago, unless you committed an aggravated felony or a string of multiple small crimes.
when a misderminor qualifies as an AF for immigration is because the sentences imposed or because the senteces may be impose on the crime? for example An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement
lets say my misderminor was a Class A Misderminor I just did 6 months on pre trial Probation I qualify for Petty offense exception it means is no an AF is the right???????
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement
lets say my misderminor was a Class A Misderminor I just did 6 months on pre trial Probation I qualify for Petty offense exception it means is no an AF is the right???????
The exact charge as well as what state it happened in will determine the effects for immigration. For example, in Texas public lewdness under PC 21 can be considered a CIMT.
http://www.avvo.com/legal-guides/ugc/federal-criminal-immigration-law-presented-by-1
However, since it happened outside statutory period and it doesn't appear serious enough to trigger deportation it likely does not preclude you from naturalization.
http://www.avvo.com/legal-guides/ugc/federal-criminal-immigration-law-presented-by-1
However, since it happened outside statutory period and it doesn't appear serious enough to trigger deportation it likely does not preclude you from naturalization.
"guys thanks for everything" I still have a lot of doubts about this???????? I was arrested in my 4th year and few months after my admision and some Immigration law or rule says a noncitizen convicted of a crime involving moral turpitude (CIMT) committed within five years after the date of admission and resulting in a sentence of imprisonment for one year or longer so u all think that the rule still apply on my case???? another thing I am confused about sentnces here where I live the misderminor clas a carries the max potencial senteces is confinement in jail for a term not to exceed one year but I got pretrial Diversion
and it was not sentences I never Plead guilty nothing was change but the ducket call said pusinishment Probation it does not said how many months it was like 178 0r 179 days until the court dismiss my case well guys can somebody clear this to me cause am very very lost??????????
it was 6 months
and it was not sentences I never Plead guilty nothing was change but the ducket call said pusinishment Probation it does not said how many months it was like 178 0r 179 days until the court dismiss my case well guys can somebody clear this to me cause am very very lost??????????
it was 6 months
From looking at your posts, it seems to me that you should be much more worried about passing the English test (which is a required part of the naturalization interview) than about this public lewdness issue. Please try to write in complete English sentences, with at least an occasional use of commas and other relevant punctuation signs.
By the way, why did you edit out almost the entire content of your first post? If you want substantive responses, you need to provide a clear, calm and complete description of your situation.
From what I could understand by reading your (rather incoherent) posts, you were arrested on a public lewdness charge at some point in 2005 and eventually received probation. I agree with what the others said above: this appears to have been a minor incident and there is no realistic possibility that you would be deported because of it. Moreover, the IOs adjudicating naturalization applications have wide discretion and often approve N-400 applications of aliens who are technically deportable if the issues that made them deportable are minor. E.g. many green card holders register to vote by mistake; this does make them technically deportable but IOs routinely approve N-400 applications in such cases, if the applicant can show that he/she never actually voted and is no longer registered to vote.
There is indeed a provision of 8 CRF 12.II.IV.1227 that may make an alien convicted of a single CIMT crime technically deportable:
"Crimes of moral turpitude Any alien who—
(I) is convicted of a crime involving moral turpitude committed within five years [..] after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed,
is deportable."
See http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html
The definition of "conviction" for the purposes of immigration law is considerably more general than the definition of conviction in criminal law. For immigration law purposes, any kind of admission of guilt resulting in a deal/agreement with the prosecutors is considered a conviction, even if the case never actually went to court and even if a formal plea in the case was never entered. If you received probation without the case going to court, you must have signed some sort of a piece of paper where you agreed to accept probation in exchange for the case not going to court. If so, that does constitute conviction for immigration purposes (even if the case was eventually dismissed afterwards).
In terms of item (II) "for which a sentence of one year or longer may be imposed", what matters here is what the maximum possible punishment for the offense in question could have been in the worst case. Even if someone received no prison sentence at all, if the state statute related to the offense in question does allow for a prison sentence of one year or more, item (II) does apply in such a case, provided a conviction (in the immigration law sense) did occur. What exactly the maximum possible penalty could have been in your case depends not on the actual punishment you received but on the maximum possible penalty you could have received under the relevant state statute in the state where this happened.
Be that as it may, EVEN if it turns out that you are technically deportable because of that public lewdness incident (which appears rather unlikely), the likelihood of the IO referring the case for deportation proceedings is basically zero. It was a very minor incident, it happened more than 5 years ago (and thus outside of the 5 year period most relevant to establishing good moral character) and the IO is not going to give you a hard time because of it, assuming that you did disclose the incident in your N-400. Also, at the interview you'll need to show documentation from the relevant court showing the eventual disposition of your case.
Like I said, if you need to worry about something, worry about passing the English test during the naturalization interview.
ivantheterrible
Registered Users (C)
i got public intoxication in 2010 ,now in 2011 am inelegible for naturalization.. my n-400 was reyected... what i should do now?
jhonstrauss
New Member
If it is five years since the event, you can apply. No, I do not think they will expel you. Some people who do the worst and far simply be rejected, and let him re-apply again after five years.You may want to apply with a lawyer however.
Last edited by a moderator: