Crime and N400

[Timona 4,207]

Does the attached prevent an individual from obtaining citizenship?

 

Said individual was in jail for one day only. 

Said individual came on IR-2 visa

 

This is all the information given to me. 

[Free Man 119]

See a lawyer 

[Kaaris 7]

2 hours ago, Timona said:

Does the attached prevent an individual from obtaining citizenship?

 

Said individual was in jail for one day only. 

Said individual came on IR-2 visa

 

This is all the information given to me. 

the crime itself wont affect your citizenship because it will probably fall under the petty offense exception. now what will affect you is showing good moral character during statutory period .but the crime was way back in 2008 so I guess you had plenty time to stay clean for 5 years. hopefully you successfully completed your probation. I think you should be fine if you disclose your charges to uscis since the beginning.

[Timona 4,207]

5 hours ago, Kaaris said:

the crime itself wont affect your citizenship because it will probably fall under the petty offense exception. now what will affect you is showing good moral character during statutory period .but the crime was way back in 2008 so I guess you had plenty time to stay clean for 5 years. hopefully you successfully completed your probation. I think you should be fine if you disclose your charges to uscis since the beginning.

 

What I thought too. 

Thanks.

 

 

[Fahad86 113]

9 hours ago, Timona said:

Does the attached prevent an individual from obtaining citizenship?

 

Said individual was in jail for one day only. 

Said individual came on IR-2 visa

 

This is all the information given to me. 

Deferred prosecution is considered guilt in the eye of uscis but the good thing is it happened in 2008. So it is way out statutory period considering you dont have any other encounters with the law in the last 5 years. You should be able to file naturalization but keep in mind to disclose the arrest. Good luck with it.

[Fahad86 113]

Also it depends when the individual arrived in the usa legally? if the crime happened within the first 5 years of entry he might be inadmissible so its better to consult with an immigration attorney. since theft is a crime of moral turpitude.

[Timona 4,207]

46 minutes ago, Fahad86 said:

Deferred prosecution is considered guilt in the eye of uscis but the good thing is it happened in 2008. So it is way out statutory period considering you dont have any other encounters with the law in the last 5 years. You should be able to file naturalization but keep in mind to disclose the arrest. Good luck with it.

 

Just FYI - It is not my case but a friend's who asked me for my opinion because I talk a lot about immigration.

 Thanks for the input, nonetheless.

 

42 minutes ago, Fahad86 said:

Also it depends when the individual arrived in the usa legally? if the crime happened within the first 5 years of entry he might be inadmissible so its better to consult with an immigration attorney. since theft is a crime of moral turpitude.

 

That was what happened. Said individual entered with IR-2 as a minor. Crime happened 2 years later. She has been good for the last 12 years, even renewing her 10 yr GC later on.

[carmel34 3,621]

1 hour ago, Timona said:

That was what happened. Said individual entered with IR-2 as a minor. Crime happened 2 years later. She has been good for the last 12 years, even renewing her 10 yr GC later on.

Were all crimes disclosed in previous applications to USCIS?

[Timona 4,207]

13 minutes ago, carmel34 said:

Were all crimes disclosed in previous applications to USCIS?

 

I guess so, because she even got her 10 year GC renewed later on.

 

Regardless, I made it known that they should still disclose it when filing N400.

 

I've also asked them to get the court papers from the clerk and submit with N400 petition. 

[HRQX 4,145]

3 hours ago, Fahad86 said:

he might be inadmissible

Correction: within the first 5 years it might be a ground of deportability. https://www.nolo.com/legal-encyclopedia/grounds-deportability-when-legal-us-residents-can-be-removed.html It depends on the usual sentence for that offence; see INA 237(a)(2)(A)(i): "Any alien who- (I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable."

[Timona 4,207]

1 hour ago, HRQX said:

Correction: within the first 5 years it might be a ground of deportability. https://www.nolo.com/legal-encyclopedia/grounds-deportability-when-legal-us-residents-can-be-removed.html It depends on the usual sentence for that offence; see INA 237(a)(2)(A)(i): "Any alien who- (I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable."

 

1. She only stayed in jail for one day and was released the next day. She denies it ( I am not getting involved on this last part, if true or not) 

2. She's since renewed the initial 10 year GC issued to her under IR-2.

3. Theft happened 12 years ago. Come January 2021, it'll be 13 years ago.

Edited December 22, 2020 by Timona

[Bajinga 136]

4 hours ago, Timona said:

 

I've also asked them to get the court papers from the clerk and submit with N400 petition. 

wouldn't they already have the court papers if it was disclosed on the earlier applications for the GC renewal? I thought they RFE if its not provided with the application and is required.

[HRQX 4,145]

17 minutes ago, Bajinga said:

wouldn't they already have the court papers if it was disclosed on the earlier applications for the GC renewal?

No. He entered with IR-2 and Form I-90 only asks for some bio (height, weight, etc.) data, and to answer 2 main questions:

• Have you ever been in exclusion, deportation, or removal proceedings or ordered removed from the United States?
• Since you were granted permanent residence, have you ever filed Form I-407, Abandonment by Alien of Status as Lawful Permanent Resident, or otherwise been determined to have abandoned your status?

[Timona 4,207]

1 hour ago, Bajinga said:

wouldn't they already have the court papers if it was disclosed on the earlier applications for the GC renewal? I thought they RFE if its not provided with the application and is required.

 

Probably lost it. But it's court records that can be obtained at a $. She's not the most organized/responsible of the people. 

 

40 minutes ago, HRQX said:

No. He entered with IR-2 and Form I-90 only asks for some bio (height, weight, etc.) data, and to answer 2 main questions:

• Have you ever been in exclusion, deportation, or removal proceedings or ordered removed from the United States?
• Since you were granted permanent residence, have you ever filed Form I-407, Abandonment by Alien of Status as Lawful Permanent Resident, or otherwise been determined to have abandoned your status?

 

Why does I-90 come in play? Just curious 

Edited December 22, 2020 by Timona

[HRQX 4,145]

4 minutes ago, Timona said:

Why is I-90 come in play? Just curious 

I assume she entered the US around 2006 since you said the crime was committed 2 years after she entered. The Green Card has listed expiration date and Form I-90 is used to renew the card.

Edited December 22, 2020 by HRQX