Help Needed... please advice

[Fahad86 113]

let me start with little background. i became permanent resident in October 2010 through marriage to a US citizen. i purchased a business in 2012 (retail cigarette store). I had no problem up until June 3rd 2014. Two excise cops Indiana came to my store and did a routine check which they found receipts of selling cigarettes to other businesses. They told me i need a special licence to conduct business to business transaction not with the current licence. so i implied and stop selling cigarettes to other businesses.  By the way they took all the receipts back dated from 2010 to 2014. back from previous owner. which i just kept for tax purposes.

They really gave me hard time and treated me as if i am some kind of criminal. so i decided i am not going to go through this again and decided to sell the business. August 2014 i sold the business and started another job.  The cops came back and they were shocked that i sold the business. so they left since it was under new management. On August 26 2014 they came to my residence and arrested me for distribution of cigarettes without a licence (class b misdemeanor). I spend 4 hours at county jail was booked and then posted 400 dollars bond and released.

 

i plea guilty to class b misdemeanor Indiana on November 25 2015. i was given unsupervised probation for 6 months and 180 days suspended jail time. i did got the disposition for the conviction and completed probation satisfactorily. 

 

Date of incident: 06/03/2014

Date of Arrest :08/26/2014

Date of conviction: 12/25/2015

 

My question is to all the fellow members is should i apply for n400 or wait another year since i am still married to my wife and happily living. Also this is my only conviction not even speeding tickets. i have paid all my taxes till date and thank god never had a run with law other than this incident. Any advise will be appreciated.  Thank you

 

 

[Villanelle 4,122]

USCIS will look at the last 5 years. The crime you committed does not bar you from getting naturalized however they have discretion on whether or not to approve you. So its up to you. You can file now if you want but they may decide to deny you. If you wait until 5 years have passed from the date of the incident then they can not deny you for it.

[Going through 5,671]

You became a GC holder in 2010...arrest happened in 2014.  You need to show at least 5 years of good moral character before applying if you don't want the misdemeanor held against you as a possible reason for denial, since you would be applying under the 5-year resident rule.

 

My suggestion would be to wait at least until near the end of 2018 before applying, but that's just my suggestion.  If you decide to apply now (or in the future) make sure to get the certified court documents pertaining to your charge and final disposition, as well as proof of your probation being completed.  You will also need a copy of the arrest report filed.  You will need to submit these with your N400 application. 

 

Even after 5 years, they can't use your criminal background for this ONE charge against you as the sole reason for denial, but it can be used against you if there is other causes for denial ontop of that.

Edited August 27, 2017 by Going through

[Fahad86 113]

Thank you very much for the quick responses. if you are married to a us citizen so the statutory period is 3 years. i got my GC through marriage and i am still married to her, but i am leaning towards not to apply and wait another year or so. i have no other regrets other than this incident.

[Going through 5,671]

36 minutes ago, Fahad86 said:

Thank you very much for the quick responses. if you are married to a us citizen so the statutory period is 3 years. i got my GC through marriage and i am still married to her, but i am leaning towards not to apply and wait another year or so. i have no other regrets other than this incident.

Not quite.

 

For N400 applicants applying 3 years immediately after their GC date---they are applying under the 3 year rule.

 

Since you got your GC in 2010, even through marriage, you have been a resident longer than 5 years---you must apply under the 5-year rule.  Your statutory period will be 5 years, not 3.  

 

You are now filing the N400 based on your residency in the US, not through your marriage.  Even though you are still married to the same person.

Edited August 28, 2017 by Going through

[NYCruiser 423]

44 minutes ago, Fahad86 said:

Thank you very much for the quick responses. if you are married to a us citizen so the statutory period is 3 years. i got my GC through marriage and i am still married to her, but i am leaning towards not to apply and wait another year or so. i have no other regrets other than this incident.

IF they booked you, they have your fingerprints on file. USCIS will do a background check and your information will come up at the interview. They will ask to see information. It does not matter whether 5 years or not. (A close friend of mine was fingerprinted but no arrest 10 years ago from date of application of the N400 and no conviction of any kind for shoplifting which was dismissed). He was asked about this and all court records were requested of him at the N400 interview in Indianapolis, IN

 

So it wouldn't make a difference when you apply..they still want all information it seems

[Going through 5,671]

3 minutes ago, NYCruiser said:

IF they booked you, they have your fingerprints on file. USCIS will do a background check and your information will come up at the interview. They will ask to see information. It does not matter whether 5 years or not. (A close friend of mine was fingerprinted but no arrest 10 years ago from date of application of the N400 and no conviction of any kind for shoplifting which was dismissed). He was asked about this and all court records were requested of him at the N400 interview in Indianapolis, IN

 

So it wouldn't make a difference when you apply..they still want all information it seems

Oh yeah definitely you  need to provide info on any arrests no matter how long ago it happens.  The 3 or 5 year statutory period (based on your filing eligibility) is what USCIS uses to determines your "good moral character"---it doesn't mean arrests longer than 5 years don't matter at all.

 

OP---Just make sure you get all proper documentation.

[Fahad86 113]

Thanks once again for the input i will continue to wait and i do have the court certified disposition but i went to clerk office for probation letter they printed out a screen shot from the computer saying this is all we can give you since you were on unspervised probation. The screen shot says i have completed my probation but it looks odd to me since no court seal is on it. I even tried explaining it to her but she said this is only you can get.

[Going through 5,671]

9 hours ago, Fahad86 said:

Thanks once again for the input i will continue to wait and i do have the court certified disposition but i went to clerk office for probation letter they printed out a screen shot from the computer saying this is all we can give you since you were on unspervised probation. The screen shot says i have completed my probation but it looks odd to me since no court seal is on it. I even tried explaining it to her but she said this is only you can get.

The only thing you needed certified was the disposition.  The printout would still serve as proof of completed probation.  

You will need the contact the police department that had jurisdiction over the city you were living in at the time of your arrest for a copy of the arrest report.

Edited August 28, 2017 by Going through