HELP!

[Ninna 1]

Hey there everyone. I hope someone can give me their opinion  and maybe someone can relate and let me know what the outcome was. So my husband has been a permanent resident in the us since 2010. We have been married for longer since 2007. I am a us citizen. He had a dismissed assault charge about 7 years ago. And this year in September of 2018 we have applied for naturalization. We sent in the verified court papers that show it was a dismissed case and everything has been going smoothly. Already went to his biometrics and now we’re just waiting around for the interview. Long story short. Last night my husband got into an altercation at work with a customer who kept provoking him saying things about his mother ( who is deceased). My husband warned him multiple times to watch what he is saying and have some respect. He kept doing it and my husband out of anger hit the mans driver side window with  his hand and the glass cracked. The man called the police. Police came and asked what happened. Gave my husband a ticket. The ticket said criminal damage. And there is a court date for both. The officer told my husband to call the number on the ticket and see if he can just offer to fix the mans window and that’s the best way to go about it. Hopefully we can just avoid court. My husband had had more than 5years of the gmc needed to apply for citizenship from the time we applied. What should we expect now? Try to resolve this before the interview and hopefully still be ok? I appreciate anyone who took the time to read this and would appreciate any help or if someone can relate to having somthing happen before their interview and how was the outcome?? 

[CarlHamilton 252]

1 hour ago, Ninna said:

Last night my husband got into an altercation at work with a customer who kept provoking him saying things about his mother ( who is deceased). My husband warned him multiple times to watch what he is saying and have some respect.

Sounds like you're trying to justify an act of violence.  It doesn't matter if he was provoked, that's not a socially (and legally) acceptable way to behave.  But don't listen to me (and please don't hurt me) - tell it to the judge!

 

1 hour ago, Ninna said:

My husband had had more than 5years of the gmc needed to apply for citizenship from the time we applied.

That streak is over, obviously. 

[Going through 5,671]

11 hours ago, Ninna said:

The ticket said criminal damage. And there is a court date for both. The officer told my husband to call the number on the ticket and see if he can just offer to fix the mans window and that’s the best way to go about it. Hopefully we can just avoid court. My husband had had more than 5years of the gmc needed to apply for citizenship from the time we applied. What should we expect now?

If you can, try to resolve it without going to court.  Or hope that the case is resolved in court BEFORE your naturalization interview date occurs.

If there is an open court case, the adjudicator will have no choice but to deny the N400 going by their own policy.

 

The above advice also depends on what the ACTUAL criminal charge is....if it's a charge of property damage only, that's one thing, and won't raise a major issue...if there's some sort of assault or threatening charge tacked on then you will have issues as mentioned above, especially since there's also a previous charge of assault in his history.  So what is the actual charge as listed?

 

Also, yes 5 year's GMC is a requirement, but USCIS can and will go back before 5 years depending on a case-by-case basis, normally if there is more than one misdemeanor (or felony) charge in someone's past----the "5 year" is not a fail safe, nor does it wipe clean anything happening from over 5 years ago, is my point.

Edited December 5, 2018 by Going through

[Ninna 1]

Going through thankyou for your response. I called the number on his ticket today and the man that answered told me that when he goes to his court date the judge will most likely have him plead not guilty and let him pay for the other guy to replace his window on his car. And then they will go to trial after 2-3 weeks to get everyone together and make sure that the window was fixed and the judge will probably dismiss the case after that or lessen the charge. My husband also talked to a lawyer friend of his today and his friend told him that give it about a month and he will talk to the d.a for my husband and try to settle it out of court by having him fix the mans window and try and dismiss the case for him. He seemed very certain about it. The charge is for criminal damage. Only for hitting the window. No one was hurt. He didn’t hit anyone either. It doesn’t excuse what he did but hey we are all human at the end of the day and life happens. So do you think if we resolved this before his interview we should hopefully be ok. Would he have to mention this during the interview?

[Going through 5,671]

13 minutes ago, Ninna said:

Would he have to mention this during the interview?

He absolutely must disclose the criminal charge.   To not do so would be a material misrepresentation. He will also be expected to provide certified court documentation/final disposition on it as well.

 

13 minutes ago, Ninna said:

I called the number on his ticket today and the man that answered told me that when he goes to his court date the judge will most likely have him plead not guilty and let him pay for the other guy to replace his window on his car.

Just be aware that even if he pleads not guilty/no contest/does not enter in a plea, in the eyes of USCIS it is still a finding of guilt since he would be court-ordered to pay restitution to the other gentleman.

 

 

Edited December 5, 2018 by Going through

[Ninna 1]

Going through so what do u think will happen in his case if we resolved it before his interview? 

[Going through 5,671]

19 minutes ago, Ninna said:

Going through so what do u think will happen in his case if we resolved it before his interview? 

Based on the current charge alone, and info you've given, I would venture a guess that he will be fine so long as the court case is closed before the interview.  If it's still open/he has any probation then he's most likely facing a denial on the N400.

[Corredor 10]

13 hours ago, Ninna said:

Hey there everyone. I hope someone can give me their opinion  and maybe someone can relate and let me know what the outcome was. So my husband has been a permanent resident in the us since 2010. We have been married for longer since 2007. I am a us citizen. He had a dismissed assault charge about 7 years ago. And this year in September of 2018 we have applied for naturalization. We sent in the verified court papers that show it was a dismissed case and everything has been going smoothly. Already went to his biometrics and now we’re just waiting around for the interview. Long story short. Last night my husband got into an altercation at work with a customer who kept provoking him saying things about his mother ( who is deceased). My husband warned him multiple times to watch what he is saying and have some respect. He kept doing it and my husband out of anger hit the mans driver side window with  his hand and the glass cracked. The man called the police. Police came and asked what happened. Gave my husband a ticket. The ticket said criminal damage. And there is a court date for both. The officer told my husband to call the number on the ticket and see if he can just offer to fix the mans window and that’s the best way to go about it. Hopefully we can just avoid court. My husband had had more than 5years of the gmc needed to apply for citizenship from the time we applied. What should we expect now? Try to resolve this before the interview and hopefully still be ok? I appreciate anyone who took the time to read this and would appreciate any help or if someone can relate to having somthing happen before their interview and how was the outcome?? 

So he got into trouble with the law while his citizenship application is pending?   Thats nuts!   What was he thinking?   Also, he must mention it during the interview.  Lying in the application or interview is grounds for instant denial or if they find out in the future for denaturalization and deportation!   Be careful!  

[ksp9 19]

Ninna,

 

all of the other folks have absolutely mentioned what is likely going to happen but no matter what we do, we need to do our best. Keep trying as well.

 

This is something related to Anger management issue as well. My suggestion (only suggestion) will be to have your husband take some kind of therapy related to Anger management as first step towards his dedication in working on his weakness. On the side, if he is on talking terms with the other gentleman then he need not wait until court settlement, let him fix the window irrespective (that gives good faith in his actions) whether it is right or wrong, no matter it was your husband who broke it and needs to fix it (this is common sense as well) and also will help the other gentleman to soften a bit.

Let the court take it's time and hope that it will be resolved immediately.

 

For his interview, he can take all of this court material along with corrective measures documentation as part of his reforming that including anger management therapy + fixing the window even before it was due or settled.

 

rest good luck and how ISO will perceive it. My 2 cents.