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  1. #1
    Join Date
    Mar 2011
    Posts
    7

    Exclamation Citizenship Application with Deferred Adjudication

    hello readers!
    i am living in Texas/USA since 2006. in 2011, I got a citation for selling alcohol to a minor in a sting operation and told me to call the court, didn't arrest. I called the court after few days and the sheriff told me to come to the court. When I went to the court they showed me arrested, bailed out right away and gave me a date to come to the judge. I attend the court later date with a lawyer, I plead guilty with no contest. paid 500 dollar fine, 16 hours community service and 1 day probation. After performing all that case was closed and went to deferred adjudication.
    My lawyer said I am not convicted in state law but convicted to immigration purpose. the case was closed November 2011. I have no other issues other than this.

    can I apply for citizenship now? is this incident is against my moral turpitude?

    It will be helpful for me or may be other user if someone take a little bit of time and answer above questions

    Thank You

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Citizenship Application with Deferred Adjudication

    You can apply for sure. You must report crimes even "if you were told you wouldn't have to report them." Your lawyer is right.

    This is indeed a crime of moral turpitude under the INS definition. You'll have some "explaining" to do, but I suspect it won't be that big of a deal.

    Listen to your lawyer.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Citizenship Application with Deferred Adjudication

    Although you will need to verify the language of the statute, service of alcohol to a minor is generally not a CIMT. However, the CIMT issue is something of a distraction, since we are actually speaking of the assessment of your good character for purposes of naturalization, not whether or not you would be disqualified from obtaining a visa.
    Quote Quoting 9 FAM 40.21(a) N2.3.2 - Crimes Committed Against Governmental Authority (CT:VISA - 1318; 09-24-20 09)

    a. Crimes committed against governmental authority which fall within the definition of moral turpitude include:

    (1) Bribery;

    (2) Counterfeiting;

    (3) Fraud against revenue or other government functions;

    (4) Mail fraud;

    (5) Perjury;

    (6) Harboring a fugitive from justice (with guilty knowledge); and

    (7) Tax evasion (willful).

    b. Crimes committed against governmental authority, which would not constitute moral turpitude for visa-issuance purposes, are, in general, violation of laws which are regulatory in character and which do notinvolve the element of fraud or other evil intent. The following list assumes that the statutes involved do not require the showing of an intent to defraud, or evil intent:

    (1) Black market violations;

    (2) Breach of the peace;

    (3) Carrying a concealed weapon;

    (4) Desertion from the Armed Forces;

    (5) Disorderly conduct;

    (6) Drunk or reckless driving;

    (7) Drunkenness;

    (8) Escape from prison;

    (9) Failure to report for military induction;

    (10) False statements (not amounting to perjury or involving fraud);

    (11) Firearms violations;

    (12) Gambling violations;

    (13) Immigration violations;

    (14) Liquor violations;

    (15) Loan sharking;

    (16) Lottery violations;

    (17) Possessing burglar tools (without intent to commit burglary);

    (18) Smuggling and customs violations (where intent to commit fraud isabsent);

    (19) Tax evasion (without intent to defraud); and

    (20)Vagrancy.

    Whenever you have a criminal history, and more so when it's within the past five years, you should consult an immigration lawyer about the naturalization process and issues that may arise.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Citizenship Application with Deferred Adjudication

    Mr. K is right. I misread the statute it's not a MT crime.

  5. #5
    Join Date
    Mar 2011
    Posts
    7

    Default Re: Citizenship Application with Deferred Adjudication

    Thank you both for the replies and thoughtful explanations!

    extension: If I apply for citizenship and get denied, is there any chance that I will be disqualified to apply again within 5 years from the day denial?
    What are the consequences in terms of denail??
    btw, in Job Application, can I say - "arrest" and "plead guilty" but "Not Convicted" and more importantly can I say case pending?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Citizenship Application with Deferred Adjudication

    If everything is over (conditions completed, deferred charges dismissed), then I don't think there's any advantage in waiting. If they're going to turn you down, they're going to turn you down, but as mentioned I can't imagine this is a big deal. You'll fully explain what happened during the crime and what happened during trial. They may ask for the court records to make sure you're giving them the straight story.

    Most job applications (for good reason) only ask about convictions. You can truthfully answer you were not convicted.

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