Green card denied ??

[Alabamak1 688]

this story is just one of the examples what will make it IMO impossible to become a USC. Years ago, when i naturalized....these incidents where reason enough not to naturalize. New administration, good luck to you. They are tightening the screws on legal immigration, why would someone think naturalization is given to someone that has a criminal record, that is clearly not an infraction. Just my 2 cents. 

[dandk 72]

4 minutes ago, Alabamak1 said:

this story is just one of the examples what will make it IMO impossible to become a USC. Years ago, when i naturalized....these incidents where reason enough not to naturalize. New administration, good luck to you. They are tightening the screws on legal immigration, why would someone think naturalization is given to someone that has a criminal record, that is clearly not an infraction. Just my 2 cents. 

I would advise to the OP to start obtaining a certified copy of the arrest record as well as court docket for the case. OP will need these items to be submitted later on for N-400 filing. Of course, she should wait longer time like 8 to 10 years before filing. Forget about applying Naturalization based on 3 years marriage.

[Alabamak1 688]

Just now, dandk said:

I would advise to the OP to start obtaining a certified copy of the arrest record as well as court docket for the case. OP will need these items to be submitted later on for N-400 filing. Of course, she should wait longer time like 8 to 10 years before filing. Forget about applying Naturalization based on 3 years marriage.

agree, let a lot of time pass and hope they don't get stricter. I just ran into a immigration video on youtube where they state they check at least the last 5 years of your criminal record and deny on that basis

 

[BenevolentSith 6]

It doesn't look like that this offense would make you deportable.

 

Depending on the offense, disorderly conduct may or may not be considered a crime of moral turpitude, but your lawyer (assuming he/she is a good one) already mentioned that you should be fine (in that, chances are very likely that you won't be deported, assuming, of course, your lawyer knows what they're doing and accurate in their analysis).

 

What it would affect, though, is your naturalization application. I believe you need to show 5 years of good moral character, and this would most probably reset the clock, and you would have to wait 5 years after your sentencing is over to apply for citizenship.

 

And ALWAYS disclose this conviction/charge/arrest, and keep a good record of documentation/disposition related to this offense. 

Edited July 31, 2018 by BenevolentSith

[turkishdelight 185]

4 hours ago, Hlima hi said:

@Jaquelly I went to my lawyer office we sat down and talked about this she is very confident that this is a small offense it should not hurt my immigration process, but still I want to know if anybody had the same charge before and got their Green Card approved and their citizenship also ..

Honestly I'd get a second opinion. We are living in the era of "zero tolerance." Sorry you're going though this. 

[Hlima hi 15]

@turkishdelight Thank you so much. Yes I am here to get other opinions but some people try to judge and some of them try to scare me even if they don’t know anything about the law. 

[Hlima hi 15]

@Amadia it was a silly mistake that will never ever happen again. Everybody does mistakes we are not perfect, the good is that I learned my lesson. Thanks anyway.

[Hlima hi 15]

@Alabamak1 can you please go read more about USCIS laws before you give any advice? My charge is not a CIMT which means it does not affect naturalization, in the worst case scenario I will have to wait 3 years before applying because i am married to US citizen.

thanks anyway.

[Hlima hi 15]

@dandk wow 😂 8 to 10 years for a petty disorderly person offense ? Are you sure ? Show me where did you read this very interesting info lol please go read about USCIS laws before giving false informations.

[Alabamak1 688]

9 minutes ago, Hlima hi said:

@Alabamak1 can you please go read more about USCIS laws before you give any advice? My charge is not a CIMT which means it does not affect naturalization, in the worst case scenario I will have to wait 3 years before applying because i am married to US citizen.

thanks anyway.

Giving advice is why people come here for...if you do not like it, don't need to take it. Your welcome! I am a naturalized USC and know better than you what they do consider and not a moral turpitude. Good luck. 

Edited August 1, 2018 by Alabamak1

[gc@gc 184]

7 hours ago, Hlima hi said:

Hello everyone! Please help me..

i applied for I-751 to remove conditions from my conditional green card last week. But I have a problem, I got arrested 2 months back for shoplifting and when I went to the court my attorney was able to reduce charges to petty disorderly person offense which carries a possible jail sentence of 30 days but I didn’t spend any jail time because it’s my first offense. And I am not on probation either. I just paid a fine of around 400$.

me and my husband are happily married and we have 2 little kids. Now my question is, can I still get 10 years green card with this petty disorderly person offense or no?

and next may I will be eligible for citizenship, should I go ahead and apply or I have to show 3 years of good moral character even though my charge is not a crime of moral turpitude.

thank you sooo much for your help and your time I really appreciate it! 

if i were you, i would just concentrate on i-751 application.

 

if i-751 is approved,  i would wait at least 7 to 8 years to file n-400. 

 

during this 7 to 8 years, staying out of ANY troubles, including speeding tickets

 

 

[dandk 72]

2 hours ago, Hlima hi said:

@dandk wow 😂 8 to 10 years for a petty disorderly person offense ? Are you sure ? Show me where did you read this very interesting info lol please go read about USCIS laws before giving false informations.

You were charged for shoplifting which is CMIT under 8 U.S.C. § 1182(a)(2)(i). You took a plea deal to reduce to disorderly person offense. Naturalization is a matter Federal law not State Law. The adjudicator will tend to see shoplifting have component of lying, deceit, stealing, or fraud generally-speaking. I am not giving you a false information if your crime will not effect your N-400 down the line. Google yourself. 

 

 

[Hlima hi 15]

@dandk but why 8 to 10 years ? I heard it’s just 3 years if you are married to US citizen 

[Ontarkie 13,932]

~~Non Contributory  and judgmental posts removed. Stick to answering the OP's questions and keep the judgement out of it.~~

[dandk 72]

2 hours ago, Hlima hi said:

@dandk but why 8 to 10 years ? I heard it’s just 3 years if you are married to US citizen 

If you have clean record, you'll qualify for Naturalization to apply under the 3 years rule by marriage to US citizen. However, you have a blemish on your record. So, you would want to wait 5 years since court case to make sure you won't get deny. To be safe wait until 8 to 10 years, so that your record at least expunge on Public Record (not on FBI record unfortunately)

 

I would also suggest to have a lawyer with you during the Naturalization interview. Your lawyer will let you know what to answer to the IO. The IO will scrutinize you regarding your arrest as well as the outcome of the case.

 

Years ago, my secretary had similar case like this. This is the reason I came up with a "rule of thumb" of 8 to 10 years. She told me that her lawyer ended up answering for her when the IO was focusing on the case. Basically, her lawyer pointed out the statue of limitation as well as her good behavior, hence 8 years of good behaviour. I did also provided my secretary with an affidavit attesting to good character on her behalf during the her time of employment for me.