Urgent - N-400 - ARREST!!!!

[Fahad86 113]

4 minutes ago, Tom 2020 said:

Hi Fahad86,

 

I have a question about petty offense exception?

How and what I need to do to apply for petty offense exception? What is the process ?

How I can I can send this to immigration officer?

what I need to send them?

 

Thank you again for your kindness. 

 

5 minutes ago, Tom 2020 said:

Hi Fahad86,

 

I have a question about petty offense exception?

How and what I need to do to apply for petty offense exception? What is the process ?

How I can I can send this to immigration officer?

what I need to send them?

 

Thank you again for your kindness. 

Petty offense exception applies to inadmissibility it wont have any effect on statutory period. 

For example:  someone got convicted for wreckless driving. so he commited a class b misdemeanor. The judge ordered a sentence for 5 Months( this is just an example) in jail time. In that state suppose NJ the maximum penalty of that crime is 1 year in prison. 

So the particular individual will fall into petty offense exception since the sentence impose was 5 months and the maximum possible sentence could be impose was 1 year. 

In petty offense exception you cannot get more than six months of sentence and the maximum sentence could have not be more than a year. 

 

I hope you got it. Keep in mind petty offense is used in inadmissibility which if you are seeking entry into united states they cannot deny you admission based on petty offense. Also you can only use one petty offense exception for just one crime it cannot be used for other crimes committed.

[Tom 2020 4]

3 minutes ago, Fahad86 said:

 

Petty offense exception applies to inadmissibility it wont have any effect on statutory period. 

For example:  someone got convicted for wreckless driving. so he commited a class b misdemeanor. The judge ordered a sentence for 5 Months( this is just an example) in jail time. In that state suppose NJ the maximum penalty of that crime is 1 year in prison. 

So the particular individual will fall into petty offense exception since the sentence impose was 5 months and the maximum possible sentence could be impose was 1 year. 

In petty offense exception you cannot get more than six months of sentence and the maximum sentence could have not be more than a year. 

 

I hope you got it. Keep in mind petty offense is used in inadmissibility which if you are seeking entry into united states they cannot deny you admission based on petty offense. Also you can only use one petty offense exception for just one crime it cannot be used for other crimes committed.

so I had DUI. Can I used this for my DUI case which is already expunged and probation is already finished?

[Fahad86 113]

1 hour ago, Tom 2020 said:

so I had DUI. Can I used this for my DUI case which is already expunged and probation is already finished?

well if you didnt go to jail for more than six months and the statute you were convicted under does not have the maximum penalty more than one year sentence then you can use it. 

[Tom 2020 4]

17 minutes ago, Fahad86 said:

well if you didnt go to jail for more than six months and the statute you were convicted under does not have the maximum penalty more than one year sentence then you can use it. 

I didn't go to jail at all.

[Fahad86 113]

1 hour ago, Tom 2020 said:

I didn't go to jail at all.

I know you didnt go to jail so you just answered your own question that you do qualify for petty offense exception. Unless the statute under which you got convicted had maximum sentence of more than one year sentence,which i doubt it.

[idyllic420 31]

What should I answer for these 2 questions. I was arrested for DUI and was then placed on ARD.

[Kevin15238 1]

2 minutes ago, idyllic420 said:

What should I answer for these 2 questions. I was arrested for DUI and was then placed on ARD.

1. YES

2. NO ( If you were in ARD program).

[Tom 2020 4]

2 minutes ago, Kevin15238 said:

1. YES

2. NO ( If you were in ARD program).

Kevin is correct.

[idyllic420 31]

On 5/24/2021 at 11:25 AM, Tom 2020 said:

Kevin is correct.

Have you EVER received a suspended sentence, been placed on probation, or been paroled? 

 

How about this question?

[Tom 2020 4]

10 hours ago, idyllic420 said:

Have you EVER received a suspended sentence, been placed on probation, or been paroled? 

 

How about this question?

Did you get suspension on your driving license?

 

did they put you on probation or paroled ? 
 

if they did then answer is YES. 

[rafi_1219 12]

you will be fine. they just to know if you are not hiding anything. dont take stress and ruin your days. 

[Tom 2020 4]

On 5/27/2021 at 12:20 PM, rafi_1219 said:

you will be fine. they just to know if you are not hiding anything. dont take stress and ruin your days. 

That's not fine if you don't submit all required documents. Its not about hiding its about proving the documents that you finished the sentences and the copy of outcome of the criminal case. 

[Hariram30 1]

Has anyone recently got approval with arrest record? 

[Tom 2020 4]

2 hours ago, Hariram30 said:

Has anyone recently got approval with arrest record? 

Yes. But make sure you have all Documents they asked and 2 or 3 years from your arrest at least. 

[jrule 1]

@Tom 2020 How did the interview went, please share if you don't mind. Have similar issues and I have interview coming up, need to know what to expect and docs to take with me if they will ask for one. Mine was dismissed/vacated with no probation or  any other plea deal or sentencing.