Can this be a problem?

[photoguy 0]

Is entering a plea of deferred adjudication with a class b misdemeanor a disqualifying factor for renewing my wife's green card and applying for US citizenship? Does anyone know, or can refer me to a good immigration attorney who can help me with this?

[akdiver 3]

Is entering a plea of deferred adjudication with a class b misdemeanor a disqualifying factor for renewing my wife's green card and applying for US citizenship? Does anyone know, or can refer me to a good immigration attorney who can help me with this?

It's not a problem unless you hide it from USCIS with respect to the questions about committing crimes (whether or not you were caught), being arrested, being charged with crimes (even if charges are dropped), etc.

If the crime was something involving moral turpitude, it could be a problem - but all you can do is be honest about it. Lying on the forms is a lot worse than telling the truth on the forms, even if the truth is unpleasant.

I don't think you need a lawyer - a lawyer can't change the facts.

Be honest when filling out the forms. You need to do that anyway. If they find you lied, even years after the fact, they can mess you up real bad.

Edited September 23, 2008 by akdiver

[photoguy 0]

Is entering a plea of deferred adjudication with a class b misdemeanor a disqualifying factor for renewing my wife's green card and applying for US citizenship? Does anyone know, or can refer me to a good immigration attorney who can help me with this?

It's not a problem unless you hide it from USCIS with respect to the questions about committing crimes (whether or not you were caught), being arrested, being charged with crimes (even if charges are dropped), etc.

If the crime was something involving moral turpitude, it could be a problem - but all you can do is be honest about it. Lying on the forms is a lot worse than telling the truth on the forms, even if the truth is unpleasant.

I don't think you need a lawyer - a lawyer can't change the facts.

Be honest when filling out the forms. You need to do that anyway. If they find you lied, even years after the fact, they can mess you up real bad.

Thanks for your reply. What's "moral turpitude"? My wife was arrested in May of this year on charges of "employee theft $50-$500" while working at a major discount retailer. A dubious charge really because she wasn't stealing per say. Long story which I don't want to go into now since it has caused us great deal of emotional, mental and material hardship.

Anyway, we haven't gone to court yet and our attorney has a court day scheduled for October 17. He informs us that the plea of Deferred Adjudication might be the last resort, and he wants me to talk to an immigration attorney to see if a plea of Deferred Adjudication is going to keep my wife away from becoming a US citizen. I don't know where else I can get advice from. Please help!

[akdiver 3]

Thanks for your reply. What's "moral turpitude"? My wife was arrested in May of this year on charges of "employee theft $50-$500" while working at a major discount retailer. A dubious charge really because she wasn't stealing per say. Long story which I don't want to go into now since it has caused us great deal of emotional, mental and material hardship.Anyway, we haven't gone to court yet and our attorney has a court day scheduled for October 17. He informs us that the plea of Deferred Adjudication might be the last resort, and he wants me to talk to an immigration attorney to see if a plea of Deferred Adjudication is going to keep my wife away from becoming a US citizen. I don't know where else I can get advice from. Please help!

A crime of moral turpitude is one that involves morality. For example, stealing (theft) involves morality. It is "morally wrong" to steal - in addition to being illegal. Whereas, getting a DUI is just illegal - it's not a matter of morality in the general sense. So yeah, it seems like there could be a problem - esp. stealing from an employer.

As for the deferred adjudication...I don't think it changes the facts any. For example, the instructions state:

For example, if you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing, and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider.

So, merely being arrested - even if you are never charged or convicted - is enough for you to have to disclose complete details to USCIS concerning what happened.

On the application itself, note the following:

For the purposes of this application, you must answer ''Yes'' to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney, told you that you no longer have a record.

D. Good Moral Character.

15. Have you ever committed a crime or offense for which you were not arrested?

16. Have you ever been arrested, cited or detained by any law enforcement officer

(including USCIS or former INS and military officers) for any reason?

17. Have you ever been charged with committing any crime or offense?

18. Have you ever been convicted of a crime or offense?

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

20. Have you ever received a suspended sentence, been placed on probation or been paroled?

21. Have you ever been in jail or prison?

If you answered "Yes" to any of Questions 15 through 21, complete the following table. If you need more space, use a separate sheet (s) of paper to give the same information.

So, it seems to me she needs to answer "yes" to questions 15, 16, 17 for sure. Depending on the outcome of the case, she may have to answer "yes" to questions 18, 19, 20 or 21. On that note, if she as ever seen the inside of a jail cell, for example when she was first caught and waiting for you or the lawyer before being bailed out, the answer is "yes".

Question 19 specifically asks if she has ever placed in a deferred adjudication program.

I dout that this crime will keep her from becoming a citizen. However, if you guys in any way try to conceal this fact, that could cause you BIG problems.

[photoguy 0]

Thanks for your reply. What's "moral turpitude"? My wife was arrested in May of this year on charges of "employee theft $50-$500" while working at a major discount retailer. A dubious charge really because she wasn't stealing per say. Long story which I don't want to go into now since it has caused us great deal of emotional, mental and material hardship.Anyway, we haven't gone to court yet and our attorney has a court day scheduled for October 17. He informs us that the plea of Deferred Adjudication might be the last resort, and he wants me to talk to an immigration attorney to see if a plea of Deferred Adjudication is going to keep my wife away from becoming a US citizen. I don't know where else I can get advice from. Please help!

A crime of moral turpitude is one that involves morality. For example, stealing (theft) involves morality. It is "morally wrong" to steal - in addition to being illegal. Whereas, getting a DUI is just illegal - it's not a matter of morality in the general sense. So yeah, it seems like there could be a problem - esp. stealing from an employer.

As for the deferred adjudication...I don't think it changes the facts any. For example, the instructions state:

For example, if you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing, and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider.

So, merely being arrested - even if you are never charged or convicted - is enough for you to have to disclose complete details to USCIS concerning what happened.

On the application itself, note the following:

For the purposes of this application, you must answer ''Yes'' to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney, told you that you no longer have a record.

D. Good Moral Character.

15. Have you ever committed a crime or offense for which you were not arrested?

16. Have you ever been arrested, cited or detained by any law enforcement officer

(including USCIS or former INS and military officers) for any reason?

17. Have you ever been charged with committing any crime or offense?

18. Have you ever been convicted of a crime or offense?

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

20. Have you ever received a suspended sentence, been placed on probation or been paroled?

21. Have you ever been in jail or prison?

If you answered "Yes" to any of Questions 15 through 21, complete the following table. If you need more space, use a separate sheet (s) of paper to give the same information.

So, it seems to me she needs to answer "yes" to questions 15, 16, 17 for sure. Depending on the outcome of the case, she may have to answer "yes" to questions 18, 19, 20 or 21. On that note, if she as ever seen the inside of a jail cell, for example when she was first caught and waiting for you or the lawyer before being bailed out, the answer is "yes".

Question 19 specifically asks if she has ever placed in a deferred adjudication program.

I dout that this crime will keep her from becoming a citizen. However, if you guys in any way try to conceal this fact, that could cause you BIG problems.

Thanks again. But I don't see the question 15 being relevant in my wife's case. She was arrested and I had post a bail to get her out.

This website: http://blog.austindefense.com/tags/texas-d...d-adjudication/ explains what deferred adjudication is as far as the law goes in my state, but I'm not sure how this affects immigration.

Here's an excerpt from the above website explaining the process:

Deferred adjudication is a type of actual probation, for a Class B misdemeanor or higher charge, where the judge says (in legalese), “Based on your plea of No Contest or Guilty, I could find you guilty, but I’m not going to. I’m going to place you on probation, and if you jump through the hoops of probation, at the end of the case you will never be found guilty of the charge.”

To defer – to put off, or postpone. To adjudicate – in the criminal context it means to find you guilty. So when the judge places a defendant on deferred adjudication, he is postponing finding the person guilty, and will never find them guilty, if they successfully complete the terms of probation.

In Texas, that means a real, formal probation with a monthly visit to a probation officer, minimum community service hours, urinalysis for drugs and alcohol, fines, court costs and $62 per month probation fees.

Again, the major distinction here is that this is only for Class B and Class A misdemeanors, and felony charges in Texas. It’s not for Class C, that is, traffic ticket level offenses.

Deferred adjudications are not expungeable, but most are eligible for Motions of Non-Disclosure.

[akdiver 3]

Thanks again. But I don't see the question 15 being relevant in my wife's case. She was arrested and I had post a bail to get her out.

I dunno - but if someone has committed a crime for which they have been arrested, it's a fair assumption they've committed some for which they have not been arrested. But maybe that's just me.

This website: http://blog.austindefense.com/tags/texas-d...d-adjudication/ explains what deferred adjudication is as far as the law goes in my state, but I'm not sure how this affects immigration. Here's an excerpt from the above website explaining the process.....

That's great - but it is exceedingly clear that, given then information you have been posting, the only correct and honest answer to the following questions is an absolute and unambiguous YES:

16. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason? YES

17. Have you ever been charged with committing any crime or offense? YES

19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)? YES (assuming she pleads it out this way and you go down this path)

20. Have you ever received a suspended sentence, been placed on probation or been paroled? YES (based on your description of DA)

21. Have you ever been in jail or prison? YES (since that's where she was when husband bailed her out)

Deferred adjudications are not expungeable, but most are eligible for Motions of Non-Disclosure.

That's great - but again, the N400 instructions are absolutely clear on this point:

For the purposes of this application, you must answer ''Yes'' to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney, told you that you no longer have a record.

There's really not any wiggle room there. While you can certainly try your luck, using the argument of, "the record is sealed, so they'll never know - I'm going to answer no to all these questions" - but if you get caught, well, too bad for you. Again, they are not too likely to care about the crime in this case - but they will definitely care if you lie on the application, and again when she is under oath to the IO during her interview. I highly recommend against it. Edited September 24, 2008 by akdiver