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Have CMT convictions (one/two), Can i apply for naturalization?

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I came to USA during 1991 as a F1 visa holder and was arrested for a felony (grand theft) for writing a bad check (though I paid back the money to banks even before I was arrested) on 1994(This incident was CMT I confirmed it with UCIS as it was Bank check kiting). The charge was reduced to misdemeanor 1, I had plead guilty and had 28 days jail time with 14 days suspension and paid 250 dollar fine. On 2000 I was arrested for a shop lifting for 50 dollar items. Had finger printed and released. Never went to court, did not have any plea guilty (communicated only with my lawyer). Did 16 hours community service. Case was dismissed and all records were expunged and the arrest was never reported to FBI. On 2002 got my green card based on citizen wife. I disclosed all the incidents and submitted all court papers. On 2004 I was stopped at immigration (airport), was questioned regarding my arrests. They recall my green card application; made sure I disclosed everything with my application and then let me go. On 2005 I traveled overseas again without any incident. On 2012 I renewed my green card.

Now, Is there anyway that I can be naturalized in anytime in my life? The reason is Immigration laws are more political than socio-economic. Today I may be o.k. with green card. But tomorrow there might be a new law which may lead me to notice to appear. I have clean record since I got green card if it matters at all.

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Filed: Citizen (apr) Country: India
Timeline

I came to USA during 1991 as a F1 visa holder and was arrested for a felony (grand theft) for writing a bad check (though I paid back the money to banks even before I was arrested) on 1994(This incident was CMT I confirmed it with UCIS as it was Bank check kiting). The charge was reduced to misdemeanor 1, I had plead guilty and had 28 days jail time with 14 days suspension and paid 250 dollar fine. On 2000 I was arrested for a shop lifting for 50 dollar items. Had finger printed and released. Never went to court, did not have any plea guilty (communicated only with my lawyer). Did 16 hours community service. Case was dismissed and all records were expunged and the arrest was never reported to FBI. On 2002 got my green card based on citizen wife. I disclosed all the incidents and submitted all court papers. On 2004 I was stopped at immigration (airport), was questioned regarding my arrests. They recall my green card application; made sure I disclosed everything with my application and then let me go. On 2005 I traveled overseas again without any incident. On 2012 I renewed my green card.

Now, Is there anyway that I can be naturalized in anytime in my life? The reason is Immigration laws are more political than socio-economic. Today I may be o.k. with green card. But tomorrow there might be a new law which may lead me to notice to appear. I have clean record since I got green card if it matters at all.

I think you'll be ok. They look at the past 5 years. If you have clean record for the past 5 years, you should be ok.

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I think you'll be ok. They look at the past 5 years. If you have clean record for the past 5 years, you should be ok.

But some one from another forum just sent me the following message:

"The interesting thing is that I still do not see a legal basis for USCIS to approve your adjustment of status application.

You were inadmissible according to 212(a)(2)(A)(i)(I) (because you had committed a crime of moral turpitude) and exception 212(a)(2)(A)(ii)(II) did not apply to you because you had committed more than one crime of moral turpitude.

The only exceptions could be if you were under 18 or if you managed to prove the reason for your crime was not to take money permanently, that you intended to return the money from the very beginning.

Other than that I do not see a pissibility for you application for adjustment of status to be approved.

From my point of view you were inadmissible and still are. You were supposed to be denied AOS. You were supposed to be denied admission at least each time you tried to enter US after absense of more than 180 days.

A the same time I do not see a way for USCIS to deny your naturalization aplication under "good moral character" clause other than by saying they made a mistake having adjusted your status. That is because you did not have any single problem with the law during the last 5 years before filing N-400 and after that. "

Any thoughts?

Edited by Fool_PR
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Filed: Timeline

If I were you, I would just file and see what the USCIS has to say. People here can give you their opinios, but its USCIS discretion to approve or deny.

Unfortunately, I don't think the only problem here is denying or approving the application. If USCIS decides, they may put him in removal procedings if he applies for naturalization. I read your thread in the other forum and it seems youn got very useful advices. I would also suggest you dig up old threads in different forums to see if someone with a similar situation got approved.

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Unfortunately, I don't think the only problem here is denying or approving the application. If USCIS decides, they may put him in removal procedings if he applies for naturalization. I read your thread in the other forum and it seems youn got very useful advices. I would also suggest you dig up old threads in different forums to see if someone with a similar situation got approved.

You are correct. I found people having naturalization with 4 convictions and people getting deported for one. Looks like it all depends on your IO and the envionment of the field office in my situtaion. Any thoughts?

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Unfortunately, I don't think the only problem here is denying or approving the application. If USCIS decides, they may put him in removal procedings if he applies for naturalization. I read your thread in the other forum and it seems youn got very useful advices. I would also suggest you dig up old threads in different forums to see if someone with a similar situation got approved.

Also most of the time in the old threads there is no conclusion.. most of the people starts the conversation but never have the final follow up. Means either they got naturalization , so happy that they do not bother to come back to forum, or they got deproted to some place where is no computer, or they are in a detention center where they do not have any outside comminication. hard to tell.

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Filed: Timeline

You might be ok you might not be ok. I don't really know. I wouldn't risk it. You should also check in the other forum the thread called something like: Can I get my green card back? (I don't want to post the link just in case is against the rules). There the person had a similar situation and did not end well after he applied for the citizenship. I think its on the second page currently.

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You might be ok you might not be ok. I don't really know. I wouldn't risk it. You should also check in the other forum the thread called something like: Can I get my green card back? (I don't want to post the link just in case is against the rules). There the person had a similar situation and did not end well after he applied for the citizenship. I think its on the second page currently.

Thanks. I found one but it was about a divorced wife. Not the same issue. I think you can give me the link. Helping someone can not be against the rule. Jesus did it, Budha did it, so did Mohammed. Please help me with the link. It may give me a better idea.

Truth is no one knows what will happen unless you apply. The question is: Is it worth the risk?

You are correct. I should not be greedy.

Edited by Fool_PR
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http://forums.immigration.com/showthread.php?548748-How-can-I-get-my-greencard-back

Here is the link. I hope it helps and is not against the rules.

You have no idea how much you just helped me. His situation and mine is little different though. As he had comitted crime with in 5 years of getting LPR and I did it before getting the LPR and UCIS is well aware of those incidents. Also I was convicted with one crime and the other was dismissed, he was convicted with two crimes. But still our case is very similler.

I took your advice. I am not going to apply for any citizenship anytime soon. Rather I will try to work out with those two incidents, try to dig through them. I have to clear everything up with the procecuter of the second incident that there was no guilty, no conviction. The problem is there is no record of that incidents any where. Even no record with FBI since the case was dismissed and it was in a community court not a criminal court. I already had started working with criminal attorney. This unlucky guy even did not have an attorney when he was filing for citizenship. He started his own legal defence after getting the deportaion order. But as you said no risk by applyting for citizenship. Not atleast anytime soon. Thanks for saving my life. I am sure God will reward you for this someday. many many thanks from the bottom of my heart.

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Filed: Citizen (apr) Country: Nicaragua
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i have 4 or 5 conviction and going on 4 1/2 months after my interview with no answer I'll let you know what happens them!

I came to USA during 1991 as a F1 visa holder and was arrested for a felony (grand theft) for writing a bad check (though I paid back the money to banks even before I was arrested) on 1994(This incident was CMT I confirmed it with UCIS as it was Bank check kiting). The charge was reduced to misdemeanor 1, I had plead guilty and had 28 days jail time with 14 days suspension and paid 250 dollar fine. On 2000 I was arrested for a shop lifting for 50 dollar items. Had finger printed and released. Never went to court, did not have any plea guilty (communicated only with my lawyer). Did 16 hours community service. Case was dismissed and all records were expunged and the arrest was never reported to FBI. On 2002 got my green card based on citizen wife. I disclosed all the incidents and submitted all court papers. On 2004 I was stopped at immigration (airport), was questioned regarding my arrests. They recall my green card application; made sure I disclosed everything with my application and then let me go. On 2005 I traveled overseas again without any incident. On 2012 I renewed my green card.

Now, Is there anyway that I can be naturalized in anytime in my life? The reason is Immigration laws are more political than socio-economic. Today I may be o.k. with green card. But tomorrow there might be a new law which may lead me to notice to appear. I have clean record since I got green card if it matters at all.

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i have 4 or 5 conviction and going on 4 1/2 months after my interview with no answer I'll let you know what happens them!

Thanks. Wish you the best. Did you have an attorney? why did you take such a risk of losing the green card by applying for a naturalization?

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Filed: Citizen (apr) Country: Nicaragua
Timeline

Thanks no attorney! we all got to take risk in life i had to do it one day so the date came after having my resident card for 20 years!...

Thanks. Wish you the best. Did you have an attorney? why did you take such a risk of losing the green card by applying for a naturalization?

Edited by Joker69
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