"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
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.