Ismae83

Aplead for citizenship and I have two charges

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Hello , Today I spoke with a lawyer and he told me too many things ! 
He said that I was lucky to get my permanent residence card, because I had two charges at that time, the officer didn't catch the second charge and gave me the permanet residence card. He advised me to withdraw my case or I can face deportation, because I pleaded guilty for both charges in exchange of a dismissal. I am very concern anf surprised about this situation. I want to apply for citizenship in two years, do you think that I can face deportation for this charges:
( domestic violence and the second is disturbing of peace).
I reconciled with my wife and she is willing to come with me to the interview, should I withdraw the case now and reapply in two years? Can i get in trouble if i travel? 
Thanks for your answers

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Inhad my interview last year and The officer asking me all questions and he aproved my green card , know I was trying to apply for citizenship and I had problems with my wife and when I was talking with lawyer he told me too many things so I don't know why! If the officer aproved me permanente green card why the lawyer told me all this stupid ideas !!! 

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Posted (edited)

On 8/18/2017 at 10:25 PM, Ismae83 said:

Inhad my interview last year and The officer asking me all questions and he aproved my green card , know I was trying to apply for citizenship and I had problems with my wife and when I was talking with lawyer he told me too many things so I don't know why! If the officer aproved me permanente green card why the lawyer told me all this stupid ideas !!! 

You say the charge happened after you sent in the application? Did you update them about the new charge or act like it didn't happen because they didn't bring it up? 

 

Clearly your lawyer sees how during the N400 background check they will see that second charge and see how you never updated them at the interview. I'd listen to your lawyer here and not push your luck again. 

Edited by Ontarkie

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On 8/18/2017 at 11:38 AM, Ismae83 said:

The second charge was after I sent my application 

 

On 8/18/2017 at 3:37 AM, Ismae83 said:

He said that I was lucky to get my permanent residence card, because I had two charges at that time, the officer didn't catch the second charge and gave me the permanet residence card.

On 8/18/2017 at 11:25 PM, Ismae83 said:

Inhad my interview last year and The officer asking me all questions and he aproved my green card , know I was trying to apply for citizenship and I had problems with my wife and when I was talking with lawyer he told me too many things so I don't know why! If the officer aproved me permanente green card why the lawyer told me all this stupid ideas !!! 

It sounds like (from what you're saying) that the officer approved your GC without being told about your second charge during the interview. Even if he didn't ask "have you been arrested since applying" you should have disclosed it.   And if he did ask if you've been ever charged again after your 1st crime and you stayed silent....that wasn't the best decision you could have made at that time.

 

Now, when you apply for citizenship and disclose both charges (as you will have to), the officer can look back at your old application, the date of the 2nd charge, the date of your GC interview, your file of documents submitted before, any notes the IO made, your new background check which will show the date of your 2nd arrest, and figure out that you never told the first officer about it during your interview.  To immigration, it will appear that you willingly left out important info (which you did), and it can be seen as "willful misrepresentation" (which it is)....that's why the lawyer was saying you probably shouldn't have been approved for your green card...especially since the 2nd charge happened very recently before your interview, and you neglected to disclose it during your interview.

 

The types of charges you have had--disturbing the peace, domestic violence--are not crimes of immoral turpitude.  That being, on their own or together, they are not deportable crimes (again it would depend on the actual events as they occurred).  HOWEVER, they *can* be used to deny an application depending on if they happened during the statutory period of when you filed (that's why I am asking what year did each crime take place, and what country they happened in), what the final dispositions were, and whether you properly disclosed them on your application and to the interviewing officer.

 

Going forward, for naturalization, I would suggest getting several consultations with different immigration officers and being absolutely honest with them about your criminal history, as well as honest with them about how and WHY you didn't disclose the 2nd crime during your interview for your green card.  Without knowing the full story here, it is quite possible that you can be denied citizenship---again, not necessarily because of the crimes themselves, but more because of your failure to disclose them in the past....as it will bring about the entire question of if you were properly approved for your green card.

 

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4 hours ago, Going through said:

 

 

The types of charges you have had--disturbing the peace, domestic violence--are not crimes of immoral turpitude.  That being, on their own or together, they are not deportable crimes (again it would depend on the actual events as they occurred).  HOWEVER, they *can* be used to deny an application depending on if they happened during the statutory period of when you filed (that's why I am asking what year did each crime take place, and what country they happened in), what the final dispositions were, and whether you properly disclosed them on your application and to the interviewing officer.

 

 

DV is considered a deportable offense.

 

If he applies for citizenship he will probably be placed in removal proceedings. It can also happen when he goes to renew the GC in 10 years. 

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Posted (edited)

17 minutes ago, Damara said:

DV is considered a deportable offense.

 

If he applies for citizenship he will probably be placed in removal proceedings. It can also happen when he goes to renew the GC in 10 years. 

It depends on when the offense occurred, under section  237 of the Immigration and Nationality Act (any noncitizen convicted after September 30, 1996 of domestic violence, stalking, child abuse, child neglect, or child abandonment, is deportable.).  That's why I asked him what year he was charged in, if the crime occurred in the US, the actual charge (if he was charged with an aggravated felony or he pleaded down to a lesser charge) and what the final disposition was...he hasn't provided that info, though.

 

Despite all that, if he was placed in removal proceedings, it would be most likely due to not disclosing the incident(s) as he should have and therefore not getting his original GC properly approved....might not have anything to do with the charges themselves, at this point in the game, but more so for the misrepresentation/fraud.

Edited by Going through

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Posted (edited)

Forgot to add to the above (ran out of editing time)...

 

The chances of the OP being approved for the N400 is slim if they determine that the previous approval for the GC is null and void.  That would then mean he's had no legal status at all, and face removal proceedings.

 

He needs to speak to a lawyer.

Edited by Going through

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Its highly unlikely it occurred before 1996. Their profile says ROC pending. 

 

It also seems he spoke to a lawyer who told him "many things" that upset him so he came here to verify what the lawyer said. Even without knowing what the lawyer said Im going to state it was probably all accurate and not good news. He can get a second opinion. (And even if it is a deportable offense it doesnt necessarily mean he will be deported at the end. There are many defense strategies available depending like you said on the specifics. Only an attny can help him.

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53 minutes ago, Damara said:

Its highly unlikely it occurred before 1996. Their profile says ROC pending. 

 

It also seems he spoke to a lawyer who told him "many things" that upset him so he came here to verify what the lawyer said. Even without knowing what the lawyer said Im going to state it was probably all accurate and not good news. He can get a second opinion. (And even if it is a deportable offense it doesnt necessarily mean he will be deported at the end. There are many defense strategies available depending like you said on the specifics. Only an attny can help him.

Oh it probably did occur before 1996, but I've learned never to assume anything on VJ ;) ...and we don't even know if happened in the US or in his home country, which will also make a difference.

 

I hope he does continue to listen to his lawyer (or seek a second opinion)---right now the main concern isn't his past charges, but that he apparently lied/omitted info about committing the second one.

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Thanks all for the answers .

 

the first charge was June 2014 and I apply guilty but was dismissed and second one was Mars  2016 . I apply for Remove the condition in December 2015 .

 

when I had Interview The officer he didn't asnk me about the anything the second charge or ask me if I had arrest !! 

I remeber he told me u was arrest in 2014 I told him yes and I explain to him what happing .  And he ask me more question about my relations .

 

I didn't lie .

 

I should go to interview or cancel the process and wait more time ? 

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On 8/19/2017 at 8:44 PM, Ontarkie said:

You say the charge happened after you sent in the application? Did you update them about the new charge or act like it didn't happen because they didn't bring it up? 

 

Clearly your lawyer sees how during the N400 background check they will see that second charge and see how you never updated them at the interview. I'd listen to your lawyer here and not push your luck again. 

I didn't lie and he didn't ask anything about the second arrest . He was talking about the first arrest and other questions about the relation.

the officer was very nice with us 

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