USC or Green Card Renewal

[SM3382 0]

Should I apply to become a citizen or just to renew my green card? Which one is a safe bet at this point?

 

I have had 11 cases since legally entering the US (green card) in 1999, all resolved, all misdemeanors.

 

2 OWI's - 2006 and 2008

1 Receiving stolen property - 2003

1 Carrying a concealed weapon (BB Gun in the backseat) - 2001

1 Possession of cocaine (1g) which was amended to disorderly conduct - 2009

6 Traffic tickets - 2003 through 2009

 

Now the fun part.

 

None of these really matter because they're not grounds for removal. Except the possession charge. I stood trial before an immigration judge (removal proceedings) in 2009 after pleading guilty to possession in state court. Not knowing I could be deported, obviously. My lawyer, who I didn't hire on the minor possession charge, came to visit after my parents alerted him. He basically said: "this is nonesense, we need an amended charge for this." So, it happened. After spending 4 months in ICE detention, the amended charge came back from the state court at which point the USCIS had to let me go. 

 

That was it. Got my green card back the day I was released. Lived carefree ever since. Life was wonderful. However, last week I realized my green card expires in August of 2018.

 

I'm not sure what to expect if I apply for USC. Would it be wiser to just apply for green card renewal?

[Penguin_ie 6,001]

I would go for citizenship.

It sounds like the cocaine possession was handled and is, officially, not about drugs anymore; USCIS has already decided you can stay a greencard holder with it.  So the worst they can do is deny you citizenship, and THEN you can renew your greencard, but you may well be able to get citizenship now and then you wouldn't have anything to worry about anymore if they change the rules for US citizenship  or keeping a greencard later.

[Going through 5,674]

It's hard to say.

 

If you apply, your previous crimes will have been out of the 5-year statutory period, which is in your favor.

The fact that there are multiple crimes and multiple traffic violations can work against you, even though it is out of the statutory period.

Being detained by ICE for 4 months is not going to make your case look better either, even though you weren't deported in the end.

 

You may have difficulties proving GMC even though your crimes are not deportable, just because there were multiple ones.  If it is just one misdemeanor, the IO will normally look past that---when there are multiple misdemeanors as is in your situation the IO will take your entire criminal history into account when making a decision.  The receiving of stolen property is a CIMT, as well, but again at least it happened out of the 5-year period so it may or may not effect anything---but the IO will be looking at your whole history when making a decision.

 

As for what to do?  GC or citizenship?  That's really up to you.  Just make sure you get all arrest records and court dispositions for each crime.

Edited August 12, 2017 by Going through

[Going through 5,674]

I suggest you read this... talks about how USCIS regulations on how their adjudicators (interviewers) are supposed to view applicants with criminal histories, and how to determine an approval/denial---you may find it useful when making your decision on which way to go.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-30960/0-0-0-31086.html#0-0-0-19583

[SM3382 0]

Much appreciated guys, thanks.