Results 1 to 5 of 5
  1. #1
    Join Date
    Jan 2012
    Posts
    3

    Default Applying for Citizenship With a Minor Criminal Record

    I am a Green Card holder and recently the 5-year mark has passed where I am eligible to apply for Citizenship. In college, here in the US, two years ago, I was arrested twice. Once was for a DWI (misdemeanor B) - this case was dismissed completely and my attorney at the time filed paperwork to have the entire record expunged. My second arrest was for Public Intoxication (misdemeanor C) - I pleaded guilty and was extended Deferred Adjudication (6-month probation) and completed this trial period with no infractions. During each of the arrests, I spent one night in the local jail.

    I've been in the States about 11 years (the last 5 of which with Green Card status), and during these last 5 years have been lawfully employed full-time. I completed highschool and college education here in the States.

    I am aware that one of the criteria for citizenship is 'establishing Good Moral Character' - and that some crimes of Moral Turpitude preclude this status from being established. Furthermore, I read a section which states that one should have a 'clean' record for a continuous five years prior to applying.

    Also, I have a long-term girlfriend here, who is a citizen, whom I will likely propose to and marry in the next 1-2 years.

    1. I will, of course, fully disclose these two occurrences in my hearing. Will they likely bar me from citizenship?
    2. If no, should I wait until 5 years have passed since the PI arrest to apply?
    3. Would it be better to apply under the marriage, instead of by myself?
    4. Will a Citizenship application denial affect my Green Card status? Should I renew my Green Card before applying for Citizenship?

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Applying for Citizenship With a Minor Criminal Record

    You should, of course, be discussing your case in detail with an immigration lawyer. Our reactions based upon partial knowledge of the facts and history of your case are potentially misleading, and it's possible that we could say "everything will come up roses", but have the USCIS detect that there's more manure in the flower bed than we knew about.

    If your Green Card is going to expire before you naturalize, obviously it would make sense to renew it. When you have a criminal history and you are concerned about how it would reflect on you, waiting five years is a good idea. Your record also suggests a possible alcohol problem. I don't see that marriage would have any relevance.

  3. #3
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Applying for Citizenship With a Minor Criminal Record

    Thank you for your reply, Mr. Knowitall. I consulted with an immigration attorney and he mirrored your suggestion to wait out the full 5 years, although I'm not sure if this is from the date of the arrest or from the last relevant event in the case processing life-cycle. He also mentioned there could be reforms in the law (such as DWI becoming a deportable offense) which would put my permanent-resident status at risk.

    From a Citizenship perspective, even though this case was dismissed it is still treated as a conviction; they look at the facts of the case rather than the outcome. Do you know if the immigration office also considers a dismissed/expunged case as a conviction for removal procedures?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Applying for Citizenship With a Minor Criminal Record

    If you plead guilty to a crime, even if you get a dismissal of the charge or an expungement or pardon, you can expect the USCIS to regard your disposition as a conviction. The exception would be if the charge is set aside on the basis of actual innocence.

  5. #5
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Applying for Citizenship With a Minor Criminal Record

    Hello and thank you again. Last question/clarification: the DUI case was dismissed before I entered a plea - the DA offered a plea bargain, but it was dismissed (dropped? I'm unsure of the terminology) on other grounds before I responded to this offer. Does this still fall under that criteria?

    1. Sponsored Links
       

Similar Threads

  1. Naturalization: Applying for Citizenship and Criminal Background
    By Phenix in forum Permanent Residency and Naturalization
    Replies: 3
    Last Post: 08-16-2010, 10:40 AM
  2. Naturalization: Applying for Citizenship With a Criminal Record
    By tatolaw in forum Permanent Residency and Naturalization
    Replies: 2
    Last Post: 03-03-2010, 04:04 PM
  3. Criminal Law Issues: Applying for Citizenship With a Criminal Record
    By RealNeedofHelp in forum Immigration Issues
    Replies: 1
    Last Post: 10-25-2008, 02:29 PM
  4. Naturalization: Applying for Citizenship With a Criminal Record in Hong Kong
    By HKman in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 08-20-2008, 08:39 PM
  5. Naturalization: Applying For Citizenship With A Criminal Record
    By PhdLPR in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 06-11-2008, 04:16 AM
 
 
Sponsored Links

Legal Help, Information and Resources