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  1. #1
    Join Date
    Mar 2008
    Posts
    7

    Default Misdemeanors Affecting U.S. Citizenship

    I've been a Permanent resident for over 6 years. I live in TEXAS.
    On 2006, I was cited for an MIP (possesion of alcohol). I was NOT arrested. I went to the court and I agreed to be placed on deferral disposition. Basically I had to do community service, pay a fine, and take an alcohol awarenesss class. After completing the requirementes, my charges were dismissed (i.e I was NEVER convicted). In January 2007 I was cited for "Human Waste" in public property. Again, I was NOT arrested and I was placed on deferral dispostion. That time I only had to pay a fine and commit zero offenses for 3months. The charges were later DISMISSED. Both crimes are classified as Class C Misdemeanors in my home town. In short, I have NO criminal record and I want to apply for Citizenship. way. Can those two incidents prevent me from obtaining citizenship? By the way, I am 21.

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

    Default Re: Misdemeanors Affecting US Citizenship

    Any time you choose to commit criminal acts within your host country, it can potentially affect your immigration status. That's true everywhere in the world.

    Your pattern of criminality also suggests alcoholism. Do I think your crimes will prevent naturalization? No. Might they slow things down? Yes. Am I able to predict the future and give you a certain answer? Unfortunately not.

  3. #3
    Join Date
    Mar 2008
    Posts
    7

    Default Re: Misdemeanors Affecting US Citizenship

    thanks Mr. Knowitall,
    does that mean that i should get an attorney to help me with the process? or do you know of someone who was in a similar situation, what she/he did, and the resulting outcome?

  4. #4

    Default Re: Misdemeanors Affecting U.S. Citizenship

    Dude, if you were never convicted--check the laws in your jurisdiction for getting these charges expunged. If you are able to have them expunged, do whatever you need to do to have them expunged and follow-up later to make sure they were expunged. Then consult an attorney before you apply for citizenship about how you should answer questions about prior runs in with the law on your citizenship application. In the U.S., you are considered innocent unless you have been convicted (found guilty) in a court of law--but don't expect the records to go away on their own.-- you are probably going to have to file some paperwork and a fee may be involved.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Misdemeanors Affecting U.S. Citizenship

    You answer all questions honestly. As far as the USCIS is concerned, if you entered a guilty plea and it wasn't set aside on the basis of actual innocence, they'll treat it as a conviction.

  6. #6
    Join Date
    Mar 2008
    Posts
    7

    Default Misdemeanors Affecting U.S. Citizenship

    I guess I am more worried about my second offense. To be a little more specific, I was caught urinating in a wall. Yes I was intoxicated, but the officer was nice and he only cited me for Human Waste. He didn't take me to jail. Obviously it was a very bad (stupid) decision which I stronlgy regret, but how bad will the immigration officer look at it as to determine my moral character? Just so you know, in my home town "Human Waste" has the lowest fine out of all the other offenses that are Misdemeanor Class C. I only had to pay $98.00.
    I repeat: I was placed on deferral disposition and the charges were later dismissed ( i.e NO CONVICTION).

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