Reapply and get citizenship i need a lawyer

I

inmigration

New Member
My citizenship was denied because I was invilved in a criminal charges ,I am a landlord and one of my tennats asked a ride and stole good from an other car and dawn we were stopped by police.I accepted the charges because
I saw the video he tampering another car but I asked the judge to review my innocence I has nothing to do with his action and he signed my innocence
and the case was closed for me and he went to trial.One year later a police said he saw me through a glass when I gave my transfer 0.25 value to another person,I never had a transfer Just a Had a buspass value 75,00 and I never gave it to anyone,I was arrested for this of course the judge closed this case and promised me no record will resurface in may will be 5 years of this happening and 6 of the first mentioned charges.My citizenship was denied
last year.My question is can reapply as I was told for inmigration officer
after 5 years with clean criminal record.Can I hire a lawyer because I do not want to go through all the inmigration offensive reprimends I was before.I want my citizenship but the price in listen ing the verbal abuse of inmigration officers terrified me.I am innocent in this felony and the judge dosolved the case I must pay this for life.I am from Cuba and I love this country
 
Let me get this straight: The first charge was theft and your case was closed? Do you mean charges against you were dropped after you pleaded guilty? And for the second charge,you were charged by transit police for using bus transfer? What was the exact charge and were you convicted of?
What exactly did your denial letter say?

To answer your main question, yes you can reapply 5 years after a CIMT conviction, provided the sentence (including any probation) has been completed. No need to hire a lawyer unless you feel like you can't go through interview alone.
 
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REsponding your questions.

The judged asked me if I accepted the charges I said yes unknowing yes means guilty,and I accepted becase the policed played a tape with my codefendant doing the crime in the dark opisite to my viewsight,I accepted but the case needed an explanation.I talked to my tenant that the police wrote a police report angry because I did not want to sign anything and he gave me a handwritten note to deliver to the judge he accepting full responsibility and and my innocence in what was going on when he used me and abused my kindness giving him a ride in my route.Inmediately when the judge readed the note no legal prosection was on me and my case was transferred to a new case and closed. This is the first charge.
After this incident I lost my car,the police never returned my car saying
I had a loan on it and I was riding the bus...I was stopped by police while
I was getting inside to get the train.(I have a buspass value 75.00) the police arrested me because he said I gave a transfer to someone else that I
didn't knew,if were truth the value of a transfer that time 0.25,I never had
a transfer I never gave a transfer to anyone I slept one night in detention center and I was bailed next day 250 because Imust go to work or I can be fired and I did not want to say in my job I was arrested.Even in the first appearing
the judge can not believe that a police officer arrested me because he said I gave a transfer to someoneelse (no present) the judge did mot know what to do with this unbealievable case,I took the chance to bold the police abuse
I notice I only was arrested because he checked my record and saw I my case was closed without charges.I asked the judge if in the future I can have a bad record I want to challenge this charges he suggested that the best thing to do is bring to the court 25.00 or 15.00 in tokens (I do not remember the amount because it was not written it was just a way to close
the case with no legal prosecution.

I am an honest person heavy worker and I was deeple cursed by inmigration officers and I do not want to hear the same offenses again if I apply this is the reason I prefer a lawyer to answer all questions in this matter.

Thanks for your answers.In may will be more than 5 years of the last misdemeanor about the bus transfer
 
Whatever the charges or convictions were they are now almost behind you. Wait the full 5 years (in May) after convictions and reapply. Hiring a lawyer to represent you can be expensive, but if it means putting your mind at ease then it's money well spent. Good luck.
 
Bobsmyth said:
To answer your main question, yes you can reapply 5 years after a CIMT conviction, provided the sentence (including any probation) has been completed. No need to hire a lawyer unless you feel like you can't go through interview alone.
Click to expand...


The concern is always dual regarding such a matter. One concern
is whether one is eligible for citizenship and the other is whether
it will trigger a deportation. Some offense may only be temporary bar
to citizenship but still deportable. There is no statutate of limitation
for most of deportable offense.
 
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If they were deportable offenses in the OPs case they would have been caught during the naturalization process and already resulted in the detention/deportation of the OP.
 
Bobsmyth said:
If they were deportable offenses in the OPs case they would have been caught during the naturalization process and already resulted in the detention/deportation of the OP.
Click to expand...

One thing not certain is that we don't know if at one time they let you off does it mean next time another IO will take action.

NYTimes reported that a couple did a theft together many years ago. They got the exactly same crminal disposition and they both applied for citizenship
and the wife was approved while the husband was in trouble.
 
Bobsmyth said:
Without the specifics of the NYTimes case, I can't comment on it.
Click to expand...

But you have to agree that USCIS letting one go at one time
does not mean one can truely leave it behind.
he can still be in toriuble next time he need to interact
with USCIS again.

There is almost no statute of limitation in immigration law enforcement
 
I wouldn't say they let people off/go. If for some reason a search finds no records of a deportable offense and a later search finds one, then yes would face issues.
 
Bobsmyth said:
I wouldn't say they let people off/go. If for some reason a search finds no records of a deportable offense and a later search finds one, then yes would face issues.
Click to expand...

This does not apply to the OP's case. He disclosed the incidence. So the only question is what if the IO at this time think teh offense is not deportable
but the next time another IO think it is deportable. For example the
first IO may forget that that pleading guilty is the same as conviction.
But another IO at the next time know this.
 
WBH said:
This does not apply to the OP's case. He disclosed the incidence. So the only question is what if the IO at this time think teh offense is not deportable
but the next time another IO think it is deportable. For example the
first IO may forget that that pleading guilty is the same as conviction.
But another IO at the next time know this.
Click to expand...

It's not up to an IO to decide whether an offense is deportable or not. An IO may think an offense is deportable, but it's up to a senior adjudicator to make the final determination.
 
Bobsmyth said:
It's not up to an IO to decide whether an offense is deportable or not. An IO may think an offense is deportable, but it's up to a senior adjudicator to make the final determination.
Click to expand...

Even so my question still applies: what if the next senior adjudicator
think differently from the previous senior adjudicator?

Only decision by BIA (board of immigration appeal) is final.
 
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If a senior IO incorrectly determines an offense to be a deportable , then you still have the right to defend yourself at an immigration hearing.
The BIA doesn't have the final word since further appeal can be through the federal court system.
 
Bobsmyth said:
If a senior IO incorrectly determines an offense to be a deportable , then you still have the right to defend yourself at an immigration hearing.
The BIA doesn't have the final word since further appeal can be through the federal court system.
Click to expand...

Then we back to the OP's issue: he has to make sure his matter is not deportable.
He can not simply assume he is not deportable because he did not run
into deportation proceeding this time.

I believe the OP was innocent if we took his words. But the USCIS
perhaps would just look for convictions and aguilty plea
is almost as bad as criminal conviction for immigration purpose
 
To be considered deportable they would have to be some very serious offenses and/or jail time. I think it's fair to say they aren't deportable offenses based on what the OP described.
 
Bobsmyth said:
To be considered deportable they would have to be some very serious offenses and/or jail time. I think it's fair to say they aren't deportable offenses based on what the OP described.
Click to expand...

Actual jail time is never necessary. One need to be convicted on criminal
court to have some jail time. But one can be considered to be convicted
for immigration purpose even when there is no conviction at all in crminal court.
 
My point was that it has to be a serious offense to be considered deportable:

-Conviction of CIMT with a possible sentence of at least 1 year within 5 years of entry as LPR

or

-Conviction of 2 or more CIMTs anytime after entry as LPR

The charges the OP described don't sound serious enough to fall under either of these guidelines. Of course, it would always be best for the OP to have a lawyer look at the exact charges before reapplying.
 
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