N-400 with criminal record HELP

[Hlima hi 15]

Hello please I need your help.

i got arrested 2 months back for shoplifting and last week in court my attorney was able to reduce the charge to petty disorderly person offense which carries a possible jail time of 30 days. I didn’t spend any jail time because it’s my first offense. And no probation I just paid a fine. Now my charge is not a crime of moral turpitude anymore.. and next may I will be eligible for citizenship, do you think I should go ahead and apply or I will be denied because of this petty disorderly person offense on my record. PLEASE HELP !

[Going through 5,668]

Hard to say. 

 

A one-time misdemeanor for disorderly conduct will fall under the "petty offense" exception so you're ok on that front.

 

The issue is that it is up to the IO's discretion over whether or not you would fit the Good Moral Character requirement for the N400 since it happened within the past 3/5 years of you applying.  

 

If the offense happened outside of the 3/5 years of the N400 application, then the IO cannot solely use the offense as a means for your denial.

If the offense happens within the 3/5 years, then the IO may use it towards a denial whether a CIMT or not---because it would go against the GMC component.

 

Considering the actual charge you pleaded down to, you should be fine, but of course there's no guarantees with immigration considering it's up to the discretion of the IO in this specific situation.

 

Make sure you get court-certified copies of the final disposition, as you will need to submit these with your application/bring to your interview after disclosing it on the application.

 

 

Edited July 31, 2018 by Going through

[Hlima hi 15]

@Going through thank you so much for your help and your time you are always here for people who need help I really appreciate it.

Do you suggest I should wait 3 years before filing for citizenship?

[Going through 5,668]

1 minute ago, Hlima hi said:

@Going through thank you so much for your help and your time you are always here for people who need help I really appreciate it.

Do you suggest I should wait 3 years before filing for citizenship?

If you're in no rush for citizenship, and want the assurance that they can't legally SOLELY use the charge against you in a possible denial, then yes.

I have a friend who I advised this same thing to on the same type of charge...gave the same points above to that person, and they went ahead and still applied and was unfortunately denied, so now they have to wait longer (plus pay the fee over again).

 

Again, totally up to you---the charge you mentioned is very minor, but it's still an offense that occurred recently which is why you may run the risk of a denial depending on how stringent the IO wants to be.

[Hlima hi 15]

@Going through Yes you are right, and specially that I just applied to remove conditions from my conditional GC last week and the process is gonna take up to 18 months. My attorney said she can apply for my citizenship next may but I am worried because if they deny my citizenship application and if I still don’t have 10 years green card in hand they may deny that also and deport me that’s what I heard but not show how true this information is.

so maybe I should wait at least till I get 10 years green card so that even if n-400 get denied I will be having a valid GC in hand.

[Going through 5,668]

1 minute ago, Hlima hi said:

My attorney said she can apply for my citizenship next may but I am worried because if they deny my citizenship application and if I still don’t have 10 years green card in hand they may deny that also and deport me that’s what I heard but not show how true this information is.

Even if there is a delay in getting the ROC approved, that doesn't mean that you lose your status as a LPR.  That can only be taken away by an immigration judge during an official hearing.

 

Btw---the charge you have now is not going to be a reason your ROC is denied, so rest easy on that.

[Hlima hi 15]

@Going through So if I go ahead and apply citizenship and if they deny it for this reason they are not going to deny I-751 as well, if so then I don’t mind losing the money for citizenship application I can go ahead and file once I am eligible and take the chance..

[Going through 5,668]

The i-751 has to be approved before the N400 is.  Either separately, or during a combo interview (which happens if your i-751 is still pending by the time it rolls around that you are eligible and apply for the N400).

 

In other words, you can't be denied the other way around, is what I mean, since the adjudication of the ROC always comes before the N400.

[Hlima hi 15]

@Going through oh that makes sense. Now I understand thank you so much.

by next may I will go ahead and file n-400 and I will let you know how it went thank you!!

[NikeS 49]

49 minutes ago, Hlima hi said:

@Going through oh that makes sense. Now I understand thank you so much.

by next may I will go ahead and file n-400 and I will let you know how it went thank you!!

If I were you, I would wait another 3 years and let time pass such that the officer is more likely to be lenient on you. The passage of time could further buttress your good moral character - provided there are no new charges.

[Rafael Taima 4]

8 hours ago, Hlima hi said:

Hello please I need your help.

i got arrested 2 months back for shoplifting and last week in court my attorney was able to reduce the charge to petty disorderly person offense which carries a possible jail time of 30 days. I didn’t spend any jail time because it’s my first offense. And no probation I just paid a fine. Now my charge is not a crime of moral turpitude anymore.. and next may I will be eligible for citizenship, do you think I should go ahead and apply or I will be denied because of this petty disorderly person offense on my record. PLEASE HELP !

USCIS does not care to what you please down to, they look of what the original charge was, which unfortunately affects your gmc requirement. I have a misdemeanor assault, and during my interview I was asked if I plead down, or if that was the original charge. Mind you the incident occurred in 2008 and has been sealed with the following comment “this incident is deemed to have never occurred” by a district judge. If your gc is based on marriage wait three years if not wait the five.stay out of trouble and seal/expunge it as soon as you’re eligible. If you want to risk it, I wish you the best of luck my friend. Hope it all works out. 

[Hlima hi 15]

@Rafael Taima thank you so much for the advice.

[Hlima hi 15]

You are right. Thanks @NikeS