Criminal Law Misdemeanor and Citizenship

[buffalosodjha]

I am new to this forum and in need of immigration/legal advice. He is my case:

I was 20 yrs old in college in Florida. I defended myself against a group of friends in the campus basketball court. The police came and I told them what happened. The friends claimed I started the fight and the police officer believed them since they were each other's witnesses and I didn't have any witnesses.

To make a story short. I was NOT arrested but given a citation to show up in court. I pleaded not guilty and decited to go to court...before the court date i was presented with a pre-trial intervention deal to serve 10 hours of community service and pay $250 court fees and get my record expunged. I accepted and completed the deal

I am now ready to apply for citizenship....do i have check 'yes' for the conviction/citation/or arrest questions?

Can I check my criminal record myself before applying to see if it shows in my record?

Can i get deported for that?

Thanks in advance

 

[NYClex]

a) Yes. You have to answer truthfully if asked if you have ever been arrested, cited, convicted etc. It does not necessarily mean that you will not be granted citizenship. But if you lie on the application, that will definitely mean the application will be refused. The federal government will see even "expunged" records that are unavailable to employers etc.

b) As I said before, the federal government can receive more information than is available to civilians. So it does not help you to check your own record.

c) It depends on what really happened, what the charges were and what the disposition was. Probably not. But before you file the citizenship application you should consult an immigration attorney and have him review all your paperwork. This way you won't have unpleasant surprises waiting for you.

 

[buffalosodjha]

Thanks for the answers NYCLex, very helpful. More questios.

I don't even remember the date and the exact charge. I was charged with a misdemeanor but don't know what degree. I am filing out my own application. do you have any idea where i can get information about my case...the record is expunged? should i let a lawyer files for me?

 

[NYClex]

It might be a good idea to have an attorney review this. Probably it all won't be a problem, but you want to be sure.

 

[buffalosodjha]

Thanks again...much helpful..one more question.

Is is true that if a person obtains his/her Permanent Residency (PR) as a refugee or Asylee...he/she can apply for Citizenship/naturalization after 4 years instead of 5 years. That her/his card is backdated one year...?

I heard that a lot and no way of validate it!

Thanks

 

[kapitan]

Chances to get a citizenship

Hi there. I have a question if I can or if it makes sense to apply for citizenship in my case.
1. I have convicted in crime in 1997 for shoplifting and that is misdemeanor
2. I have convicted with misdemeanor for driving over 100 mph in 2002
3. I have convicted with DUI in 2004 and I am on probation for 3 years
4. I was caught with DUI second time but it was below 0.8 it was 0.6 and they put me in jail for 3 days, then on the court day they let me go with DUI charges dismissed.

When I checked my criminal records it showed up 3 cases:
1. Shoplifting
2. Driving over 100 mph
3. Second DUI in my case which was dismissed but the real one the very first never showed up.

I am thinking now what should I do?
I need to get a citizenship and bring my fiancé from another country. This is why I need to do it urgent otherwise I could wait.

Is there any consideration that INS officer might take in my case?

Please let me know what you think.

Thanks in advance.

 

[NYClex]

@ buffalo: No, there is no such rule. You would have to wait 5 years.

@kapitan: You would have serious problems establishing "good moral character" which is necessary for an application for citizenship.