US citizenship application with misdemeanor offense

I never stood infront a judge, no trial/ no plea no court appearance. my court disposition stated charges dismissed nothing else (infact court clerk). Thanks a lot the link was helpful (JohnnyCash) I will keep you posted on my case. though my IO never took the arrest serious the reason i do not know. She was very friendly and casual with me.
 
Jackolantern said:
If the crime is a deportable offense, it doesn't matter how long ago it happened ... they can still deny your naturalization and deport you for it. It is the minor, non-deportable offenses where the 5-year window is relevant.
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What if the the alien has already been tried by INS (bringing deportation charges) for "deportable offense" and the alien successfully obtained relief from deportation and got LPR? Would they hold it against the alien AGAIN at naturalization?
 
VisaNutz said:
What if the the alien has already been tried by INS (bringing deportation charges) for "deportable offense" and the alien successfully obtained relief from deportation and got LPR? Would they hold it against the alien AGAIN at naturalization?
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Do you mean they attempted to deport the alien, and the alien successfully challenged it in court?

If it was already decided in court, they can't use that same offense again to deport the person unless some laws or a new court precedent retroactively made it into a deportable offense (note that the 1996 law reclassified some pre-1996 minor crimes into deportable offenses). But if they granted the LPR without court challenges, they can always say the LPR was granted in error, and then deport. And they can still use it to deny naturalization.
 
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elliot4004 said:
I never stood infront a judge, no trial/ no plea no court appearance. my court disposition stated charges dismissed nothing else (infact court clerk). Thanks a lot the link was helpful (JohnnyCash) I will keep you posted on my case. though my IO never took the arrest serious the reason i do not know. She was very friendly and casual with me.
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First off, the link that you have mentioned wasn't provided by ME; instead another poster.

Second, as I said earlier that it's not a deportable offense/conviction, so there is no question of your eligibility to re-enter into the US as a LPR or anything like that, nor there is a question of whether you could be deported or not on this offence.

Actually, what we are doing is-to figure it out if your N-400 would be approved or not, givien this offense to be under 5 yrs statutory time period of determining moral character. I personally don't think it would be any problem. Why? The case has been dismissed, which you didn't mentioned earlier or I might have missed that out. I understand that immigration can take a position that even thought a case has been dismissed, it's still a conviction since alien admitted of committing crime at certain extent, but then there are many cases wherein BIA clearly states that in order to determine the guilt, alien must be convicted in a law of court and it also states that a mere admission of committing the crime by alien is not enough to consider it as an conviction. So the point is-immigration very rarely tries to go in depth in a case wherein aliens admit committing crime at some extent when the case eventually gets dismissed.

That being said, I believe you will soon get an oath notice. The interviewing officer didn't approve the application on the day of interview because she needed to seek a supervisory review, which she has been unable to do so at this time because of whatever reason.

Good luck
 
Folks I have a question. The petty theft exception applies to what? I discovered a lot of people with only 1 CIMT conviction for the entire statutory period are still denied naturalization. Is it that USCIS is not following rules or the petty theft exception is being misinterpreted?
 
cool down friend

Dude,

You are talking like you are an ideal person..are you God??

All people make mistakes sometimes or other in their life. Important thing is they learnt from it and moved on to become better person and straighten out their lives. whats wrong with that? It is obvious that they are nervous..

ABout people replying to these questions..many of them have already acquired citizenship..they have no need to answer any questions but they do because they want to help out others. Rather than appreciating them you are talking them down?

Cool down man..if you dont want to contribute thats your issue but dont discourage others who do..

Just my 2 cents..
 
I'm totally agreed with you and would like to say that if "you are not part of the solution then you are the part of the problem". Either give some good advice or stay quiet...

waitingforins2 said:
Dude,

You are talking like you are an ideal person..are you God??

All people make mistakes sometimes or other in their life. Important thing is they learnt from it and moved on to become better person and straighten out their lives. whats wrong with that? It is obvious that they are nervous..

ABout people replying to these questions..many of them have already acquired citizenship..they have no need to answer any questions but they do because they want to help out others. Rather than appreciating them you are talking them down?

Cool down man..if you dont want to contribute thats your issue but dont discourage others who do..

Just my 2 cents..
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OK-Boy said:
I'm totally agreed with you and would like to say that if "you are not part of the solution then you are the part of the problem". Either give some good advice or stay quiet...
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dudes, to whom it concerns, I can assume ur above 18 if you doing shopliftings, DUI, DWI, domestic violence or whatever that you call "mistakes" Ur not children dudes. I also assume u passed high school at least. So ur fully aware what u did. And u won't be calling it "mistakes" if what u did was not caught. It is only when caught and consequences that ur call it "mistakes". Don't tell me u didn't knew wht u did when say doing shoplifting, DUI, DWI.
I can understand domestic violence when 2 people get emotional and start to fight but dudes shoplifting, DWI, DUI I am sorry bt I don't understand how anyone does not know wht they did before they did. It is not to inflame but a legitimate question.
 
All, I received my oath letter in the mail today. I thank you all for your support and advice. It was really a long process with an arrest record. I sleep better tonight. I really appreciate you guys JohnnyCash, Bobsmyth and all others I forgot to mention.
 
I have a DWLI on my record and its been 2 years, Do i go ahead and apply? Is it a deportable offense? I have had a GC for over 10 years now.
 
Driving with an invalid license is not a deportable offense. If this is your only offense, you should have nothing to worry about.
 
In Texas, it is. There is talk about dropping it but who knows. I don't know if I should wait 5 years or just go ahead and apply. The application fee keeps going up!
 
spencerf said:
In Texas, it is. There is talk about dropping it but who knows. I don't know if I should wait 5 years or just go ahead and apply. The application fee keeps going up!
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Are you saying that in Texas DWLI is a deportable offense?
I've heard of DWLI being a deportable offense for illegal immigrants, but not for LPRs.
 
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Bobsmyth, I meant dropping it from being a misdemeanor. I still don't know whether to wait 5 years and apply or apply now.
 
Bobsmyth said:
Are you saying that in Texas DWLI is a deportable offense?
I've heard of DWLI being a deportable offense for illegal immigrants, but not for LPRs.
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Correct me if I'm wrong, but doesn't deportation fall under Federal jurisdiction? I highly doubt that a state has the legal authority to deport someone.
 
Diversion and intervention are often used interchangeably so I don't see why you would omit disclosing the PTI .
 
It's outside of the 5 year statutory window so I wouldn't worry about it too much. Just bring the court document to the interview stating that no charges were ever filed.
 
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