I am on formal probation. I was charged 288PC. After the trial, they dismissed my previous charge and I pled guilty on Misdemeanor 664/242 PC attempted battery. I do not have any other previous convictions. I was on probation for 3 years and my probation time is almost finished. I want to apply for United States Citizenship as soon as my case is dismissed (According to my court paper, they will dismiss my case if I successfully finish my probation). Please let me know what documents or proofs would I need before I apply. I am living here as a permanent resident since 2006 January (in 2012 it will be over 6 years).
You need to not have had a conviction in the last five years prior to applying for naturalization. In other words, been a person of good moral character for last five years prior to applying.
You will need all your disposition documents. They need to be certified by the court. However, depending on the charges, you may not be eligible for citizenship.
If this was California Penal Code 288, you may have serious problems as the USCIS take into consideration the charge as well as the conviction. As this is a sex offense with a minor, it would be likely to be determined that you do not have the requisite "good moral character" for citizenship.
Criminal charges can cause potential complications with your petition for citizenship. You need to have an experienced immigration attorney review your case and let you know whether you will face complications or not. Even if the case is dismissed, it still may be considered a conviction under the Immigration and Nationality Act.
When you file for naturalization, one of the requirements is that you show good moral character. A criminal conviction can be considered bad moral character and your application could be denied. Normally, if the criminal charge is not one that causes you to be unable to get naturalized, you may have to wait 5 years after the conviction (not the date of the act but the actual conviction) before you apply for citizenship. I suggest that you go see an immigration attorney along with your entire criminal history before you file for immigration.
United States Citizenship and Immigration Service will not adjudicate your citizenship request while you are on probation, so you must wait until probation is completed before applying for citizenship. Additionally, to qualify for citizenship, you must demonstrate 5 years of good moral character. Any conviction within that 5 year period can be a basis for denying you citizenship. You will be required to provide a certified copy of the court records and possibly the police reports from the incident. More importantly, it is possible that the offense could render you to be deported from the United States and applying for citizenship could lead to deportation proceedings. Without knowing more about the case and reviewing your immigration and criminal history, it is impossible to give adequate advice, but you definitely need to consult with an immigration attorney before seeking citizenship.
As an initial matter, a person is ineligible for naturalization while on probating which you seem to be aware of based on your inquiry. You will need to determine whether the offense occurred within what is referred to as the statutory period for good moral character. In addition, and PRIOR to applying for naturalization, you must determine if the offense constitute a ground of removability also commonly known as a ground of deportation. Very often, individuals apply for naturalization without the benefit of understanding the consequence of a conviction and end up in immigration removal proceedings instead of obtaining citizenship. There are some offenses that renders the individual removable from the US and can lead to the loss ofr lawful permanent residence status as a result of such offense.
You will need to first complete an application for naturalization. You will also have to demonstrate that you have been a lawful permanent resident for at least 5 years, you must have lived in the state where the application is filed for at least 3 months, must have been physically present in the U.S. for half of the 5 year period, must reside continuously in the U.S. after application is filed, and you must establish good moral character for 5 years. You must keep in mind that any conduct outside the 5 year good moral character period can be considered as a matter of discretion. You cannot file the application until your probation is complete. You are strongly encouraged to retain an attorney as any arrest can be a problem regardless of the outcome.
You probably need an attorney to determine if you have committed a deportable offense or an offense for which the naturalization petition can be denied. Legal research is required in your case.
Ask a local attorney a question for FREE.
FREE answer from a local attorney.
Your email is only used to send answers to you.