N-400 and criminal history

[com 0]

Hi All,

I'm getting ready to apply for citizenship and have been researching N-400 and effects of criminal records, and I have 2 concerns. Here's my quick run down:

traffic ticket 2004

traffic ticket 2005

possession of marijuana AND paraphernalia 2006

traffic ticket 2009

dui 2009 (case completed and closed in November 2012)

From what I understand traffic tickets, possession, and dui by themselves are usually not an issue. But I could not find anything useful on the paraphernalia charge I got along with the possession. I even read somewhere that it's a deportable offense. I don't know the laws around that but it seems that a paraphernalia would be a lesser secondary offense to the primary possession one.

My second concern is the number of offenses I have altogether and their overall effect. They might not be an issue by themselves but I have 3 criminal and 3 traffic offenses in all. Also, 4 of them are outside the 5 year window while one traffic citation and the dui are within it and while I got charged with dui in November 2009 it didn't fully complete (probation and ignition interlock program) until November 2012.

Also, the reason I'm trying to apply now versus waiting for the 5 year window is that my green card expires in February 2014, so if I don't get citizenship then I will have to try to re-new it and might face similar issues.

I would really appreciate any advice here. Thanks!

[Shiobhan 235]

You should get an atty. who will tell U what may lie with these charges, consult one B4 sending in application

you have to attach dispositions for your cases, be truthful sbout you criminal past good luck

[Enigma11561 336]

I believe the traffic tickets play no role in this. We all got them at some point in our lives. The DUI should not be too much of a concern by itself. The other charges are cause of concern depending on what happened after you were charged. A fine? Jail sentence? None of those cannot be overcome, but I would check, at least a consult, with a good attorney to be safe.

[com 0]

No jail, I did drug education school and got the possession expunged, however, it is unclear exactly what happened to the paraphernalia one, originally I thought it got either dismissed or expunged, but it is not on the expunction order, and if it got dismissed then I would think that it should still show up in my history check but the court has no record of it whatsoever. Court documentations can be a mess here, they also lost records for 2 of my traffic tickets. Of course I'm still planning on fully disclosing everything in my N-400 and providing any documentation the court does have.

[Brother Hesekiel 2,235]

The 3 traffic tickets are not going to have any impact.

The 3 traffic tickets plus the DUI won't be a deal breaker either.

The 3 traffic tickets plus the DUI plus the drug conviction is a bit much for claiming good moral character.

Do you want to roll the dice and risk losing $860? Go ahead and file. You won't be stripped of your status and deported. But you are at risk to be denied, definitely.

Do you want to play it safe? Then wait until you have been clean of run-ins with the law for 3 years, if you think you can manage to do that. We are talking 2015 here.

Undecided? Then wait at least 'til January of 2014.

Edited December 22, 2012 by Brother Hesekiel

[com 0]

Why 3 years, why 2015? Shouldn't it be 5 years from the end of probation, so November 2017? I was charged on Nov 2009, convicted on Sept 2011, probation + ignition interlock program ended on Nov 2012.

Would this criminal history have any effect on green card renewal application process?

Thanks.

[Alijan 0]

i also going to apply for my citizenship but a few months ago i was arrested for disorderly conduct, second degree harassment and then it was dissmissed and sealed so guys you think is that gonna affect in my citizenship

[sara..... 371]

i also going to apply for my citizenship but a few months ago i was arrested for disorderly conduct, second degree harassment and then it was dissmissed and sealed so guys you think is that gonna affect in my citizenship

from what i have seen there is nothing sealed when it comes to immigration they find everything sealed or not sealed so you have to claim it and i personally would give an explanation as to what happened, why it was sealed as well as provide something from the attorney and or the court backing up your claim to what happened and ask for it not to be used to determine if you are of moral character based on the evidence provided with your explanation........

just my opinion if its wrong someone will come in and correct it for me

sara

[Shiobhan 235]

Nothing is sealed , expunged or pardoned away when it comes to immigration rulings

its more a case by case basis, consult with 2 attys to see whats your options are.