n400 N400 with a crime charge any one with similar experience [merged threads]

[SLOP21 0]

Hi guys, I been stressing out for years. I was charged with possession of controlled substance. The  case was dismissed VA 251 deferred disposition with a plea of not guilty. It’s been 5 years since the case was dismissed. Is it okay to happy for naturalization? That’s the only charge I have no other crimes expect small traffic tickets

Edited November 16, 2023 by Snpl

[Chancy 6,233]

*** Moved from Site-Related Discussion to US Citizenship General Discussion ***

 

[SLOP21 0]

Hello, in 2017, I was charged with a felony for the possession of a controlled substance. I pleaded not guilty to the charge, and the court ordered me to serve probation under the VA 251 First-Time Offender Program. After completing the program in 2019, the case was dismissed due to a plea of not guilty. That is the only incident in my history, except for minor traffic citations before 2019. I haven't had any citations or criminal issues since 2019. Now, my green card is about to expire, and I want to apply for N400 in 2024. Is it okay? I need your help; I have been stressing out for years.

[Dashinka 23,354]

Found this information that may be helpful, and it seems you may be beyond the 5yr GMC period.  You may want to discuss this with a good immigration lawyer, or maybe go on Hacking's Youtube and ask, but from what I can see, you should be able to apply in 2024 after the date your case was dismissed in 2019 so you have a complete 5 yrs.

 

Good Luck!

 

https://www.nolo.com/legal-encyclopedia/five-years-passed-since-crime-can-you-apply-naturalization.html

 

https://www.nolo.com/legal-encyclopedia/crimes-that-will-prevent-you-from-receiving-us-citizenship.html

[Chancy 6,233]

*** Merged related threads.  Please post your questions/updates related to this topic in this thread to keep the discussion in one place. ***

[SLOP21 0]

In 2017, I was charged with a felony for the possession of controlled substances. I went through the first-time offender program, and I pled NOT guilty to the charge. Subsequently, I completed a 6-month probation period, which included rehabilitation classes, 100 hours of community service, and a driver's license suspension for 6 months. Since coming to the US, the only issue I've had is this, and very minor traffic tickets. Since it will be 5 years, I am planning to apply for naturalization. I need help with the N400 questions; if anyone has had a similar experience or has knowledge in this matter, please share.

 

1.Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested? My answer NO

 

2.Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason? YES

 

3. Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense? YES

 

4. Have you EVER been convicted of a crime or offense? I'm thinking to say NO since I plead not Guilty and no admission of facts sufficient.

 

5. Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)? YES

 

6. Have you completed the probation or parole? Y

 

7. Have you EVER been in jail or prison? NO ( I was in jail for 2hrs for fingerprint)

I pleaded Not guilty on the final order, I also Consulted with immigration attorney months ago he saw all my paperwork and said no admit on of guilt. He also said it’s a pre- sentence and the court withheld the finding of guilt pending sentence and it doesn't count as a conviction for immigration purpose, even if I served probation.

[Vickys_Mom 191]

In the United States, if you are found not guilty of a crime, you are not given penalties like a six-month probation, community service, or a suspension of your driver's license.  You were convicted of something.  It might not have been the initial charge but you were convicted.  Question 4 should be Yes.  It might have been "guilty" or "no contest" or something else.

 

I would also consider answering Yes to Question 7.  You were inside a jail.  It might have been for a couple of hours, but you were inside a jail.

 

Remember to attach all of the paperwork related to the case.  Someone will have to review it and make a determination.

 

You are so close to being done with this.  Be open and honest about what happened.

 

Regards,

Vicky's Mom

 

[SLOP21 0]

It’s a pre trial diversion program where I can plead not guilty and take the penalty and if successful completed the charge to be dismissed. For question 7 of the when I say yes it’s show a box with years, month, and days. I only been there like 1-2 hrs 

[powerpuff 5,970]

Another thread merged with en existing thread on the topic and several other duplicate threads removed. Administrative action applied against OP’s account.

 

VJ Moderation 

Edited December 6, 2023 by powerpuff

[OldUser 5,053]

1 hour ago, SLOP21 said:

It’s a pre trial diversion program where I can plead not guilty and take the penalty and if successful completed the charge to be dismissed. For question 7 of the when I say yes it’s show a box with years, month, and days. I only been there like 1-2 hrs 

You may need to file everything on paper given your answers need further clarification and don't fit the usual scenario. Honestly, I wouldn't file such case myself and have legal representation too. Are you sure it's not a deportable offence? Even if dismissed etc this still may be a problem for immigration.

Edited December 6, 2023 by OldUser

[SLOP21 0]

No it’s not a deportable offense. I even talk to a lawyer recently and he said I don’t even have to wait the 5 years good moral character. Since it’s a pre trial and I didn’t plead guiltily I’m just curious if anybody have this kind of messy experience “Completing a pre-plea diversion program, and obtaining dismissal of the charges, does not constitute a “conviction” under immigration law as long as there has been no plea of guilty entered at any time.”

Edited December 6, 2023 by SLOP21
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