will misdemeanor affect status?

[Chamy and Gatita 3]

Sorry, not sure which forum to put this in--

My husband went to jail last night and was booked for drunk in public. Without having any further information-- he is still there so i dont know the whole story-- my understanding is that drunk in public is a misdemeanor and he will have to go to court. if he gets convicted, will this affect his legal status, or his future citizenship? He currently has a green card, ie permanent resident (conditional). We will be filing for citizenship in about 15 months or so.

One more thing- although he understands the law requires that he carry his permanent resident card with him, he doesn't-- he says he is afraid of losing it or it being stolen. I'm not sure what happened last night, but the first thing the jail asked was, is he legal? and, do you have papers to prove it? So I don't know if not carrying the card tipped the balance for the deputies who picked him up. Anyone want to comment on if they do or don't alway carry their card, and why?

Thanks for your input.

[J&D 0]

When it comes to filing the N-400, maybe a lawyer would help the case, although I'm not sure to what extent a single misdemeanor would affect his application.

On carrying the green card. I do carry it with me at all times. I am reluctant to of course in case as you said it gets stolen, but if I'm taking chances with credit cards, drivers license and whatever else, I may as well take a chance with the green card also.

[Bkj 0]

I second getting a lawyer. My husband had a similar situation when he was first here on a conditional green card. Luckily, we had a friend who was a lawyer and was able to get the while thing thrown out in court. We didn't even have to show up. While the arrest (drunk n disorderly) does show up on his record, without her help it would've been a much bigger deal- I.e fines, a course, community service hours. So far it hasn't been a problem with USCIS, although we are sure to send in the court paper work with each application. I actually doubt that something like that (a one time misdemeanor that doesn't seem to be part of a larger moral turptitude pattern) would cause a problem with Immigration even without a lawyer's help, but it will be much less of a pain for everyone involved if you can get some professional help to fight it! It will probably mean the difference between it being dropped vs. enduring court and some small but annoying punishment. Some universities have free lawyer services for their students, or you may be able to find a kind hearted lawyer out there (yes, they do exist) to help you out without charging a ton. Good luck, but don't worry too much, it should all work out okay. Ps. My husband doesn't carry his green card and it has never (even at the police station) been an issue. I thought it wasn't required?

When it comes to filing the N-400, maybe a lawyer would help the case, although I'm not sure to what extent a single misdemeanor would affect his application.

On carrying the green card. I do carry it with me at all times. I am reluctant to of course in case as you said it gets stolen, but if I'm taking chances with credit cards, drivers license and whatever else, I may as well take a chance with the green card also.

[nowhereman 1]

Also if this is a first offense & there weren't any extenuating circumstances with a decent lawyer he has an excellent chance of getting the charge reduced or dropped.

[Chamy and Gatita 3]

thanks everyone!

Well, here is what happened: He was leaving the bar at the same time as the police were arriving to invesetigate a fight. He was on foot, walking home. The police called after him and asked him to stop. He was not drunk, or disorderly, but underestimated the amount of respect necessary in dealing with the police in the US. He is accustomed to a high level of harrassment in his country, and there you need to push back a bit to avoid getting abused. Anyhow, he told the cops he wasn't doing anything but was evasive in his answers, and I think he was a little lippy about it too, which pissed them off. He was not carrying his permanent resident card, but had a copy in his car which was fairly close. close enough for the cops to drive him there and check it out if he weren't being a jerk. but he was being a jerk (his admission- and now he understands he can't act like that here), so they arrested him. I also explained to him that his somewhat hostile and evasive behavior was probably suspicious to them, and that cops here are very wary of getting shot at. (i know this from dealing with a lot of law enforcement in my line of work.) additionally, the cops in that area have a reputation for going out of their way to harrass those with brown skin. so they arrested him. when he was released, his paperwork says he was arrested for "disorderly:UI/drug" -- maybe they put "drug" because they breathalyzed him but I'm sure he was way below drunk, with only one drink on board. but the release says it was a detention only, not an arrest, for intoxication only, with no further proceedings.

So it's a learning experience! Now he accepts that he has to be very respectful with the cops and that he needs to always carry the green card.

My only question at this point is, can we get this removed from his record, or I don't know, somehow officially contest his "detention"? the reason being, the whole thing was a mistake and he was not drunk, disorderly or on drugs. Is this still a matter for a lawyer?

oh- one more thing- his booking paper has the wrong address for us on it- should i notify the cops?

thanks again.

[NickD 203]

From your story, sure sounds like your husband needs a good attorney with no justifiable reason to stop your husband. Since 9/11, our police department has more than doubled with so many traffic tickets issued our little town had to get a judge to handle it. Don't even bother calling the police on 911, they run the other way. Perhaps enough citizens will get together and file a mass complaint, sure don't say, thank God, we have police here to protect us. Cops driving in the neighborhood all day looking for something, was surprised my neighbor commented about it. And now we have three undercover cops hidden behind the bushes issuing tickets. Not one of them is from around here.

Can confess now that I made a perfectly colored double sided copy of my wife's green card for her to carry with her. Only took it with us on trips and I carried it for her as I am the kind of guy people don't like to mess with. My reason, credit cards can be stopped with a phone call and free new ones issued, even a new drivers's license can be obtained in less than a day, but when it came to renewing a green card, a huge expense plus another extremely long trip to the field office of pictures, and even over a one year delay in receiving it.

We don't have that problem anymore, with no law she has to carry her USC certificate with her and they did take her green card back with only seven weeks usage at it. LOL, another time she carried her green card.

I am of the opinion, the USCIS should make it a lot cheaper and quicker to replace this valuable card, fortunately, wife was never stopped to see it.

[TracyTN 237]

He should carry his green card with him at all times - it is a misdemeanor not to, although generally, people do not get cited for it. It is not cheap/easy to replace, but either scan it or make a photocopy of it in the event you do have to apply for a new one (but still need to prove your status). Better that than being stopped by police and needing it.

[NickD 203]

He should carry his green card with him at all times - it is a misdemeanor not to, although generally, people do not get cited for it. It is not cheap/easy to replace, but either scan it or make a photocopy of it in the event you do have to apply for a new one (but still need to prove your status). Better that than being stopped by police and needing it.

I-90 form, 370 bucks, and claiming the current processing date is February 15, 2009, with biometrics, another long all day trip for some. See the time was shortened since the last time I checked, was more like 13-14 months. Guess being born here and living here all of my life, not really accustomed to have to carry any form of ID, but see I need a drivers' license to take a domestic flight. Can only ask why, I am not driving. Read about the police detaining people whether they are here legally or not until they can provide proof that they are here legally, maybe I should staple my birth certificate to my forehead.

See the big problem here is alcohol and how it affects a person brain, got into this discussion with my 19 year old daughter, attending a state university that claims to be alcohol free and is nothing but. Some people get quiet, others get wild and do the dumbest things, for a 21 year old perfectly legal to drink, in my stupid state, can take the deadest backroads and run into bars every couple of miles. Exactly how to these people get home after downing a few? A big game between these taverns and the police, Wisconsin is the drunkenness state in the union. Constantly have to point out the consequences and not easy with a young person with all that peer pressure.

Our laws are so stupid, you can't even buy a bottle of wine after 9:00 PM and bring it home, but can hit any of a zillion bars where the only way to get home is to drive. Yeah, our legislation agrees that these laws are stupid, but won't change them, we have a powerful tavern lobby. And the police are getting rich with fines.

Keep your guy home if he wants to get plastered, they are out to get you. And hopefully instilled enough in my step daughter to say, NO. Told her, if she wants to wake up with a hangover, her mom and I will watch her and she can get plastered at home. If she wants her friends over, and if under aged, will have to bring one of their parents with her. Everyday you read in the paper where some drunk killed someone, prisons are overflowing with them.

[Chamy and Gatita 3]

Update---

We are thinking we may need to get a lawyer. The county sheriffs denied a written request for a copy of his arrest record. Unfortunately we need that as part of the citizenship process which we start in one year. We don't know what to do, or even what type of lawyer (immigration, criminal, personal injury?) to call. Basically my husband should never have been arrested and now he has this record that says" drugs" on it. We need the arrest record so we can prove that he breathalyzed legal and they NEVER did a drug test. Advice please, especially if you have any idea about how USCIS will look at his application- ie how bad is this in the grand scheme of things. Thanks !

PS just to reiterate, this was a detention only, and no charges were pressed, no court date, detention only. But we still have to disclose it come citizenship time.

Edited August 12, 2009 by Chamy and Gatita

[milimelo 4,481]

I'd go for the criminal lawyer - that should work for misdemeanor.

BTW, you do know you first have to remove conditions on his GC before you can go for the citizenship, right?

[NArocks 13]

Exactly you first have to remove the conditions of the card, PS you can not even begin to apply for citizenship until he has been a resident for 3 years ( minus 90 days ) If still married to the USC

[jazzme 0]

if he gets convicted, will this affect his legal status, or his future citizenship? He currently has a green card, ie permanent resident (conditional). We will be filing for citizenship in about 15 months or so.

Hi I have a misdemeanor charge in my record dated Nov 2010. That's a mistake was the stupidest thing i had done in my life i still regret it up until now. I applied my Naturalization April 2012, i was so very nervous, and called all the saints to give me answers. I also searched for forums and asked an attorney online to ease my mind. I was interviewd July 3, 2012 and got approved. I am now scheduled to attend the oath taking on July 31, 2012.

You will need to keep a copy of the receipts, police report, and certified copy of the final disposition of the case to send wth the N400 and also bring in for the interview.

Goodluck!

[wellmux 3]

On N-400 theres a question are you a habitually drunkrd ? Yes Or No