n400 and criminal record...any advice?

[878 0]

short story;

green card holder from 1992

the problem...got arrested couples times:

1) arrested on 1992 for peeing in police parking lot

2) arrested in 1994 for private trespassing

3) arrested in 1995 for phone harassment

4) arrested in 1997 for reckless driving

5) arrested in 1999 for public intoxication

6) arrested in 2003 for agravatted battery

7) arrested in 2006 traffic violation felony charges

2010:

on march apply n400...with the criminal record and court disposition

on may done the fingerprints

receive the yellow letter to bring oourt disposition for my arrest

on august..interview...took less than 5 minutes...pass the civic test 2 minutes...than he ask for my full name...3 minutes was quiet and told me that a decision can not be made att this time.

pass some time and got no letter yet...what can i do?..wait more?...i think my criminal record have a big impact on officer decision

Edited October 29, 2011 by 878

[Penguin_ie 5,993]

It's been more than 60 days since your interview, so I'd call and ask if they have an update. If no joy (the USCIS aren't always good at phone answers...) make an infopass appointment.

[Tim/Mav 305]

Well, at least your staying out of trouble.....

[CharlesR 4]

They could be looking at you as a liability and becoming a public charge.

[878 0]

It's been more than 60 days since your interview, so I'd call and ask if they have an update. If no joy (the USCIS aren't always good at phone answers...) make an infopass appointment.

thanks for the advise...will wait 2 more weeks and if nothing come i will make an infopass appointment

[Penguin_ie 5,993]

***** One post removed for personal attack, one for swearing and one for non-English. English only please outside the Regional forums. *****

[ConcordUser 18]

short story;

green card holder from 1992

the problem...got arrested couples times:

What are the court dispositions of these arrests? Were you convicted of any of these charges?

[coloso 6]

you probably live in NYC I bet you live in there... New york city is crazy.

[thetreble 19]

Wow. Awesome.

[Enigma11561 336]

Being arrested and being convicted are two different things. The last two charges are not small. What was the outcome? If they think you will be a problem in the future, you will have a lot of explaining to do. I hope you continue to stay out of trouble. Wish you the best.

[clarence954 20]

it's doubtful you were convicted for the agg. assult in 03 and the other felony because if you were they would have held you and start the deportation process. you can not become a citizen of the US if you been convicted of a felony

so is it safe to assume that the felonies were reduced to lesser charges and or you took plea deals? if the immigration officer took your court papers work and didn't detain you on the spot it is likely you don't have anything to worry about.

[Channah&Aaron 51]

; Because you have some on your police record (quite a bit), they want to do further investigation in order to find out if you are going to be a "thread" in the US.

Being in AP is horrible as of some people are in AP for months, depends on the case, country, etc, etc.

Try to stay involved in this and ask for further help such as your Congresman/Senator and all that.

Hopefully things will work out for you.... & one tip, stay out of trouble from now on

Good luck!!

[Jojo92122 1,924]

Being arrested and being convicted are two different things. The last two charges are not small. What was the outcome? If they think you will be a problem in the future, you will have a lot of explaining to do. I hope you continue to stay out of trouble. Wish you the best.

Absolutely true - arrest and conviction are different things. However, USCIS does not require a conviction to fail a person for the good moral character requirement.

Conviction on an aggravated felony = applying for US citizenship could result in deportation.

Arrested but not convicted of an aggravated felony = USCIS can consider the underlying arrest in determining if the person has good moral character. USCIS can also pursue deportation. This is the gray area between USCIS exercising its discretion in determining good moral character and a fight in immigration court.

----------------

The arrest in 2003 for aggravated battery and the 2006 arrest for felony traffic violations are relevant even if there is no convictions.

What were the results? Convictions? Sentence greater than 1 year?

What was the nature of the felony traffic violation? Hit and run? Drunk driving?

------------------------

http://www.ansarilawfirm.com/index.cfm/hurl/obj=319/USCitizenshipNaturalizationNApplicationforNaturalization.cfm

Becoming a U.S. Citizen - The Naturalization Process

Applying for U.S. Citizenship / Naturalization

Permanent residents may apply to become U.S. citizens through a process called naturalization. Naturalization is the last step in the U.S. immigration process and usually the last time the Bureau of U.S. Citizenship and Immigration Services (USCIS) will review your immigration file not only to see whether you are eligible for citizenship but also to make sure you are eligible to stay in the United States.

Permanent residents should strongly consider applying for U.S. citizenship. U.S. citizenship gives a person many rights and privileges, including the right to vote, the ability to travel freely outside the United States for long periods of time and return, the right to apply for special government jobs, and eligibility for public benefits not available to non-citizens. Perhaps most importantly, U.S. citizens cannot be removed or deported from the United States.

WARNING

It is not always a good idea for a permanent resident to apply for U.S. citizenship. When you apply for U.S. citizenship, you must give the government a lot of information. Some of this information could lead to the government starting removal (deportation) proceedings against you. For example, when you apply for U.S. citizenship, you must disclose detailed information about all of your trips outside the United States since the date you became a permanent resident. If you were outside the United States for long periods of time, you may have abandoned your permanent residency without knowing it. In addition to your citizenship application being denied, it is possible the government may argue that you are no longer allowed to be a permanent resident. Another case in which you would definitely not want to apply for U.S. citizenship is if you have a criminal history that makes you deportable from the United States. You should always consult with an immigration attorney before applying for citizenship.

Eligibility for U.S. Citizenship / Naturalization

Generally before you apply for U.S. citizenship, you must:

be at least 18 years old;

have continuously resided in the United States as a permanent resident for at least five years;

have been physically present in the United States for at least two and a half years out of the last five years; and

reside in the state or the district in which your citizenship application will be filed for at least three months before you apply.

Meeting these eligibility requirements does not mean that you will be allowed to become a naturalized U.S. citizen. You must also show that you have "good moral character," pass the English literacy and civics test, and promise that you agree with the principles of the U.S. constitution by taking the Oath of Allegiance.

"Good moral character" Requirement for U.S. Citizenship / Naturalization

Becoming a naturalized U.S. citizen requires that the government must find that you were a person of "good moral character" for the five years before you apply for citizenship.

There are two exceptions to this rule:

If you were convicted of an "aggravated felony" after November 29, 1990, you are not allowed to show that you are a person of "good moral character," even if you were convicted before the five years before the date of your citizenship application.

Lots of different kinds of crimes qualify as an "aggravated felony" under U.S. immigration law. Even some state law misdemeanors are aggravated felonies according to U.S. immigration law. If you have any sort of criminal history or have ever been in trouble with the police, you should consult with an immigration attorney before you apply for U.S. citizenship.

Even if you were not convicted of an aggravated felony, the government may look at your life before the five years of if doing so would help it determine whether you otherwise lack "good moral character."

U.S. Citizenship Exam / Naturalization Test

In order to become a naturalized U.S. citizen, you must show a basic understanding of English and pass a test on the history and government of the United States. If you are physically unable to comply, developmentally disabled, or mentally impaired, you may be exempt from both the English test and the U.S. civics and history test.

If you fail the English and U.S. civics and history test on your first try, you will be given a second chance to pass either one or both tests within 90 days. If you fail the second time, your citizenship application will be denied.

English Test

To meet the English requirement, you must show that you can "read and write simple works phrases."

The immigration officer will also make sure that you have the ability to speak and understand English. Certain groups of people are exempt from the English requirement. For example, if you are fifty years or older and have been a permanent resident for more than twenty years, you are exempt. If you are over fifty-five years old and have been a permanent resident for more than fifteen years, you are also exempt.

U.S. Civics and History Test

In addition to the English requirement, you must show "a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States."

The immigration officer will test your knowledge of U.S. history and government from a standard list of 100 questions. You will probably only be asked six to ten questions, and you must get at least six questions right to pass the test. USCIS has made available Study Materials for the Naturalization Test as well as Scoring Guidelines for the Naturalization Test (PDF).

Five-year Continuous Residency Requirement for U.S. Citizenship / Naturalization

To become a naturalized U.S. citizen, you must have five years of continuous residence sicne becoming a permanent resident.

Your five years of residence before the date of your citizenship application must be continuous. Absences of less than six months do not break the continuous residency requirement. But any absence from the United States between six months and one year creates a presumption that you violated the continuous residency requirement. You can overcome this presumption by providing evidence that you had no intention of giving up your residence in the United States during your absence.

If you are outside the United States for more than one year, you have broken the continuous residency requirement. Generally before becoming eligible for U.S. citizenship, you will had five years of continuous residency from the date you returned to the United States.

If you are outside the United States for more than one year, there is a presumption that you have abandoned your permanent residency in the United States. To prevent this from happening, if you know you will be absent from the United States for more than a year and want to keep your permanent resident status, you should apply for a Re-Entry Permit before you leave the United States.

Edited October 29, 2011 by Jojo92122

[ConcordUser 18]

The immigration officer will also make sure that you have the ability to speak and understand English. Certain groups of people are exempt from the English requirement. For example, if you are fifty years or older and have be permanent resident for more than twenty years, you are exempt. If you are over fifty-five years old and have been a permanent resident for more than fifteen years, you are also exempt.

U.S. Civics and History Test

Are you sure about this statement. I am of age 54 years and I have been LPR for last 30 years. Am I exempted from the English and Civics/History Tests? Does it mean Officer does not ask me questions on these tests?

[Jojo92122 1,924]

Are you sure about this statement. I am of age 54 years and I have been LPR for last 30 years. Am I exempted from the English and Civics/History Tests? Does it mean Officer does not ask me questions on these tests?

No. Read the post again. You are exempt from the English test. You are not exempt from the US Civics and History Test. Nowhere in my post does it say that you exempt from the US Civics and History test.