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Results 1 to 9 of 9

Thread: Naturalization

  1. #1
    My husband (64 yrs. old) & I have been married for 25 yrs. I am US born. He has resided in the US for 40 yrs. He received his legal residency 8 yrs. ago. He applied for citizenship, took the test and passed. He has two petit theft charges from '86 & '89 (that were unlawful arrests and actually laughable), but charges nonetheless. He was denied citizenship stating that he was inadmissible when he received his green card due to these two charges. Is anyone familiar with a waiver for these charges? thanks

  2. #2
    My husband (64 yrs. old) & I have been married for 25 yrs. I am US born. He has resided in the US for 40 yrs. He received his legal residency 8 yrs. ago. He applied for citizenship, took the test and passed. He has two petit theft charges from '86 & '89 (that were unlawful arrests and actually laughable), but charges nonetheless. He was denied citizenship stating that he was inadmissible when he received his green card due to these two charges. Is anyone familiar with a waiver for these charges? thanks

  3. #3
    Jonnie,

    Did your husband disclose these charges on his N-400? How about on his application for LPR 8 years ago?

  4. #4
    We gave them everything both times.

  5. #5
    What laughable is that some people come to this public board and ask advise with complex issues involving criminal charges and consequences.
    Why don't you consult immigration attorney?

    In a nutshell, if your husband was ever convicted of felony ( felony, per INA, is any crime that carries 1 year max. sentence penalty, no matter how long time actually served, or on probabtion), then he is deportable and will be deported.

    If he was arrested and charged but chargess later dismissed without conviction, then he is not deportable and can retain LPR.
    But during the Naturalization it may become an adverse factor for "Good Moral Character" requirement, depending on the circumstances of the arrest, charges pressed in past and etc.


    Consult professional immigration attorney.

  6. #6
    Actually, there are people with complex minds that can give complex advice that would be helpful to others. I have no experience with chat rooms or discusion boards. This is my first time. I was under the assumption that this was one of the purposes of this type of thing: help one another. Obviously I was mistaken. Please excuse my ignorance.

    P.S. There was no federal offense. It was petty theft. He forgot about the bottle of pepto bismol under his arm because he was looking at the pictures of his first born child and walked out of the store with the bottle still under his arm.

  7. #7
    Too many unnessessary words make the essence elude us , so forgive me if I misunderstood you.

    Offence doesn't have to be "federal crime" to render one deportable, it can be any conviction of crime for which the max. sentence is 1 year imprisonment, regardless of how long was actually served in prison or spent on probabtion.

    You need to consult professional immigration attorney.

  8. #8
    oh my god!!!! I know someone who that happened to too...but it was a bottle of aspirins..he was on the phone and forgot about the pills he was holding and just walked out. You know people can get very distracted...anyhow, to make a long story short.... the poor guy didnt have an id on him so he told them he had to call the police because for all he knew he couldve been a terrorist...what f u c k ing a$$...w/e the guy was arrested and was let out the next day ....

  9. #9
    you know who I havent seen on here for a long time....The Professor.....mmmm...I wonder where he is??? he was sooo nice...

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