naturalization for US citizenship & past crime that is now expunge

[pinoyme 3]

card renewal

I've been in the USA since I was 4 years old . I m now 32 and my green card is expired . Although I did submit an n400 3 weeks before my card expired . Back In 2005 I was convicted of an petty insurance fraud And the judge did grant me a lesser punishment of no jail time and unsupervised probation. In 2012 me and my criminal lawyer filed for a motion of expungement, dismiss to a misdemeanor under penal code 1203.4 and 17b. will get my N400 get an approval ? Do I still need to renew my green card ? Even if my n400 is still in the process of an decision to be made. I had finish interviewing and pass the English and writing and civic test but the decision can not be made at the time of the interview . I've been waiting for 30 days now for answers and still no decision ? What are my chances of getting deny or an approval With this case?

[Hypnos 6,576]

I believe your green card must be valid on the day of the naturalisation ceremony.

Given that fraud of any kind is usually considered a CIMT then it's possible your crime may render you inadmissible, although the petty offence exemption may apply; your lawyer would be the person to ask about that.

Hopefully you declared the insurance fraud conviction on your N-400 as you were required to do, even if the record was later expunged.

Edited August 3, 2014 by Hypnos

[dioxide45 25]

YOu really should have applied to renew your green card 90 days before expiration. Here is some informatoin from the FAQ for the N400.

24. If my Permanent Resident Card expires while I am applying for

naturalization, do I still need to apply for a new card?

If you apply for naturalization 6 months or more before the expiration date on your

Permanent Resident Card (formerly known as an Alien Registration Card or “Green

Card”), you do not have to apply for a new card. However, you may apply for a renewal

card if you wish by using an “Application to Replace Permanent Resident Card” (Form I-

90) and paying the appropriate fee. Call the USCIS Forms Line or visit www.uscis.gov.

If you apply for naturalization less than 6 months before the expiration date on your

Permanent Resident Card, or do not apply for naturalization until your card has already

expired, you must renew your card.

[JimmyHou 611]

card renewal

I've been in the USA since I was 4 years old . I m now 32 and my green card is expired . Although I did submit an n400 3 weeks before my card expired . Back In 2005 I was convicted of an petty insurance fraud And the judge did grant me a lesser punishment of no jail time and unsupervised probation. In 2012 me and my criminal lawyer filed for a motion of expungement, dismiss to a misdemeanor under penal code 1203.4 and 17b. will get my N400 get an approval ? Do I still need to renew my green card ? Even if my n400 is still in the process of an decision to be made. I had finish interviewing and pass the English and writing and civic test but the decision can not be made at the time of the interview . I've been waiting for 30 days now for answers and still no decision ? What are my chances of getting deny or an approval With this case?

1- Bars to naturalization:

There are permanent bars to naturalization and there are conditional bars to naturalization.

The conditional bars are usually temporary and usually mean that you have to wait until the statutory period (usually 5 years) is up before you can apply.

There's some useful information from USCIS here:

Permanent bars: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter4.html

Conditional bars: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html

2- Green card expiry:

See Question 24 on this list of Frequently Asked Questions.

http://www.uscis.gov/sites/default/files/files/article/chapter3.pdf

According to USCIS, if you apply more than 6 months before your card expires, you're OK, even if you don't have your interview or oath before it expires.

But if you apply less than 6 months before your card expires, or after it expires, then you'll have to renew it.

That's the official answer, but there are lots of posts about people passing their interviews with expired green cards with no problems. I haven't seen any cases where someone was denied because their green card had expired, but perhaps other posters can let us know if they know of any such cases.

[JimmyHou 611]

card renewal

I've been in the USA since I was 4 years old . I m now 32 and my green card is expired . Although I did submit an n400 3 weeks before my card expired . Back In 2005 I was convicted of an petty insurance fraud And the judge did grant me a lesser punishment of no jail time and unsupervised probation. In 2012 me and my criminal lawyer filed for a motion of expungement, dismiss to a misdemeanor under penal code 1203.4 and 17b. will get my N400 get an approval ? Do I still need to renew my green card ? Even if my n400 is still in the process of an decision to be made. I had finish interviewing and pass the English and writing and civic test but the decision can not be made at the time of the interview . I've been waiting for 30 days now for answers and still no decision ? What are my chances of getting deny or an approval With this case?

Just to clarify, there are other offenses, not listed under permanent or conditional bars, that can also affect your naturalization. USCIS says the following about establishing. Good Moral Character "An offense that does not fall within a permanent or conditional bar to GMC may nonetheless affect an applicants ability to establish GMC". These offenses usually require you to present evidence (court document, etc.) and an possibly explanation at your interview and could cause delays while your case is reviewed further.

[pinoyme 3]

Ok thanks for the info. I got re schedule for a interview again . It states on xxxx.xxxx date for re interview. Will my application be approve that same day ?

For my past crime do you think I have to wait 5 years after my probation ends to start counting gmc or does it start on the day of conviction which was 7 years ago ?

[JimmyHou 611]

Ok thanks for the info. I got re schedule for a interview again . It states on xxxx.xxxx date for re interview. Will my application be approve that same day ?

For my past crime do you think I have to wait 5 years after my probation ends to start counting gmc or does it start on the day of conviction which was 7 years ago ?

Even if you had no past crime there's no guarantee that you would be approved on the day if the interview. Many applicants are told that a decision can't be made on their applications and they are notified of the final decision a few weeks later.

My understanding based on reading the GMC section of the policy manual is that the statutory period starts from when the offense occurred and not when the sentence/probation ended. But I'm not a lawyer and this is complicated, so I could be wrong. My interpretation is that if your offense occurred 7 years ago, and you have finished all "punishment" for it, and it isn't one of the offenses that creates a permanent bar to naturalization, then you should be ok, even if there are some further delays. Again, that's just based on what I read, and I'm in no way a legal expert.

There's also the matter of your expired green card... as mentioned above, that could affect your approval.

Edited August 5, 2014 by JimmyHou

[pinoyme 3]

Thanks for sharing that . That's what one of the answers I got from one of the lawyers told me as well . And an immigration counselor. I heard that if I bring an lawyer they just sit there and just listen . I'm not rich or have the funds to pay for a lawyer . If worst case scenario i get deny then that's when I will hire one. I will just defend my self. Thanks for sharing your thoughts

[southcoast 27]

Expungements are ineffective for immigration purposes. USCIS asks if you have ever been arrested, convicted, etc. and you must answer this question honestly. It does not seem on the surface that the conviction will not cause you any problem with natz. One thing you should be aware of is that, while the conviction is not a deportable offense, it is an excludable offense and so you shouldn't travel until you have your citizenship. You may have to go back to your criminal defense lawyer and see how to get a certified copy of the conviction. USCIS will ask for this at the time of the interview and it may present a problem. The only serious potential problem I see is if you stated on the N-400 that you have never been arrested, etc, you will want to clarify it at the interview. I would bring it up at the beginning rather then wait to be asked. A fraudulent application is grounds for denial so nip it in the bud immediately at the interview.

[Messybrownhair 251]

The problem is that he did not divulge it in the form and only mentioned it in the interview. I think that's why a decision was not made at your first interview and now you have a second one.. I suggest having a lawyer with you. Goodluck pinoyme!

[JimmyHou 611]

The problem is that he did not divulge it in the form and only mentioned it in the interview. I think that's why a decision was not made at your first interview and now you have a second one.. I suggest having a lawyer with you. Goodluck pinoyme!

Did the OP say that? I just retread his posts on this thread and didn't see anything about not disclosing the arrest on his N400.

[Messybrownhair 251]

He can correct me if I'm wrong but yes he said it on the April filers group

[pinoyme 3]

The story is on the april filers .

I was never arrested. But I got convicted at the court house .

[JimmyHou 611]

He can correct me if I'm wrong but yes he said it on the April filers group

Thanks! I thought I had misunderstood his post.

The story is on the april filers . I was never arrested. But I got convicted at the court house .

Please be careful with multiple posts; if some information is missing from a post, you're likely to get bad advice. I agree with Messybrownhair that the 2nd interview may be because of your failure to disclose the "event" on your N400. They may have needed time to review the information before discussing it with you.

I don't know if a lawyer would be helpful, but it sounds like you've got all the relevant paperwork. Best of luck.

[pinoyme 3]

thank you all for the respond. .

The story was before i even though of applying for us citizenship in early 2012 i went to an immigration office to ask about how to file for naturalization . i stated to the lawyer that i was convicted of an insurance fraud back in 2007 no arrest was involve.it was not my fault for this crime. the auto shop and my friend had filed a false claim with my name in it without my knowledge.

I got convicted at the court house . since it was a felony i was advice me that i should get my criminal record expunge under pen code 1203.4 and 17b before i even think of applying for citizentship.

in the spring of 2012 i hired an criminal lawyer to file a motion "expungement" 1203.4, it was an easy process i could of done my self. i was granted relief and expungement and dismiss to a misdemenor and NG plea enter.

I waited out 2 years to file for naturalization i shop around with legal services to see if i can get some help with the n400 process. i was told by an immigration lawyer and counsel that i was eligible and can apply for naturalization .since the case was expunge .we filed the proper forms and disclose the issue we also attach COD and COE and selective serices form . this history is the only thing i have in my background.. i've been good and separated my self from alot of people. and been very successful in my life.

I came to the united state as a LPR catagory IR2. when i was a baby . "IR2" is US citizent parents that peition family to become LPR .

i hope this help with more advice out there.