Does a misdemeanor prevent you from becoming a citizen?

[Speeds03 16]

So 6 days before my wife's citizenship interview, she gets arrested. Four months later she takes an "immigration safe" plea deal. Plea deal involves accepting a misdemeanor charge in exchange for a mental health treatment program. Misdemeanor is for reckless assault. Her citizenship interview was obviously missed but she gets a year to respond to the letter and ask for a new date before the money invested (in the application) is lost. It's her first record ever. First time ever getting in trouble with the law. Psychosis/mental Illness is a !

 

 

Should she ask for a new date and take the interview?

Will they run a background check before setting a new interview date?

Will they run a background check if she passes?

Does this misdemeanor prevent her from becoming a citizen, or does she have to wait a specific period in order to apply again? If so, how long?

Edited July 27, 2018 by Ryan H
Reason for edit: to remove alternate spelling of profanity.

[CarlHamilton 252]

You need a lawyer.  The definition of crimes of moral turpitude (the kind that counts against good moral character) is complicated.  Did the treatment involve confinement in an institution?  Bear in mind that Form N400 has a question about that. 

[Speeds03 16]

1 minute ago, shomer said:

You need a lawyer.  The definition of crimes of moral turpitude (the kind that counts against good moral character) is complicated.  Did the treatment involve confinement in an institution?  Bear in mind that Form N400 has a question about that. 

It does not involve confinement in an institution. More like going for a weekly checkup. Out-patient treatment. Psychiatrist appointments.

[Going through 5,674]

31 minutes ago, Speeds03 said:

Will they run a background check before setting a new interview date?

Will they run a background check if she passes?

Regardless of their background checks showing this or not, she'll have to disclose the new arrest during her interview and present court-certified documentation regarding same.

 

31 minutes ago, Speeds03 said:

Does this misdemeanor prevent her from becoming a citizen, or does she have to wait a specific period in order to apply again? If so, how long?

Yes it will impact her application since it just recently happened.  She is most likely facing a denial.

 

Also largely depends on the outcome of her case and what the final disposition is.

 

Worst case scenario is she is denied for the N400 since it happened within the past 3/5 years and the IO determines she does not fit the Good Moral Character requirement, and/or she is placed on probation, and the N400 is denied because the probation period is still open by the time the new interview date rolls around.

Edited July 27, 2018 by Going through

[Crazy Cat 44,056]

I concur with getting an attorney.  That word "reckless" might be extremely import as defined here:  https://www.uscis.gov/policymanual/Print/PolicyManual-Volume12-PartF.html

 

search for "reckless" in that document

Edited July 27, 2018 by missileman

[Speeds03 16]

17 minutes ago, Going through said:

Regardless of their background checks showing this or not, she'll have to disclose the new arrest during her interview and present court-certified documentation regarding same.

 

Yes it will impact her application since it just recently happened.  She is most likely facing a denial.

 

Also largely depends on the outcome of her case and what the final disposition is.

 

Worst case scenario is she is denied for the N400 since it happened within the past 3/5 years and the IO determines she does not fit the Good Moral Character requirement, and/or she is placed on probation, and the N400 is denied because the probation period is still open by the time the new interview date rolls around.

Thank you for the information. What a bummer

[Crazy Cat 44,056]

[WandY 430]

She will probably be OK, depending on how she approaches it. For starters, I would get an official letter from her treating physician (an M.D. or D.O. is best - a psychologist with a Ph. D. is not as persuasive) that she has completed/undergoing outpatient care and does not pose a threat to herself or anyone else. And also that the treatment is either ongoing (successfully) or has terminated in a positive manner. She will probably need to sign a release for this (talk to the treating physician about federal HPPA laws, etc.). Also, she will need to have the courts/lawyer provide some type of proof of the disposition of the case. If this was a felony, I'd say the outcome might be different. A misdemeanor is generally not a game-changer for much. Kind of a "whoops!" or a very small bump along life's road. I've had a few, went to law school/graduate school, and worked as a public school teacher. No big deal.

 

Almost all of us are stressed out and can temporarily lose it. This is widely known and accepted as part of modern American society. I'm not sure how it will affect her path to citizenship, but if it does, I am betting that (with successful treatment), she'll get what she is aiming for. That's part of the American spirit, that everyone gets a shot at their goals - usually more than once or twice. Don't let this derail your spirit. If there is one thing about America, it's that we love to give people second chances. She'll be an American citizen soon enough. Good luck!

[Crazy Cat 44,056]

1 hour ago, WandY said:

This is widely known and accepted as part of modern American society.

Assault is an accepted part of modern day society? 

[Going through 5,674]

Under their own policy manual, IOs cannot approve a N400 for a criminal offense (even a misdemeanor) if the applicant's probationary period is still open.  If she receives probation as part of her final sentencing, she'll have to wait until it's over to be approved.

 

Under their own discretion, and following their policy manual, an IO may approve an applicant for a single CIMT misdemeanor IF it falls under the criteria for the "petty offense" exception, AND the possible maximum sentence for that misdemeanor in the OP's jurisdiction falls under certain criteria AND the offense has occurred outside of the 3 or 5 year period for Good Moral Character.

 

Even though it sounds like she pleaded down to reckless assault, assault with reckless intent can be constituted as a CIMT (crimes of immoral turpitude) depending on the bodily injury caused.

 

Right now, the OP's wife does not fit one (or at least two, depending on the final disposition) of the above criteria. 

 

 

Edited July 28, 2018 by Going through