GentelMan

Hi all,

I have read alot of the posts in this website and I read similar issues like mine but I would like to post it and read the comments.

I applied for I-751 on 4/21/2007, and on 5/2/2007 I got charged with Aggravated Menacing I am not guilty with this charge and still fighting for it but however I like to know what are my chances.

I received the NOA few days after this charge and went and got fingerprinted on 5/31/2007, I wasn't arrested or fingerprinted for the charge up untill today.

this charge is a misdomenor if found guilty of the first degree and the max is 6month in jail and $500 fine, I received an offer to plea and not go to jail just have to do community service and I refused so I had a trail date which was postponed and will have another trial on April 2008.

This is my only charge ever so here are my questions;

1- Do they do FBI background check for the I-751? Knowing there shouldn't be any record for this charge when I was fingerprinted.

2- If God Forbid I was found guilty with Mesdomenor one, and this is a CIMT charge will I be found under Petty Offense since this is my only charge and its max is 6moths? I have been in the states for 3 1/2 years.

Thank you for all your help

By the way, all are welcome to reply, and also I would appreicate an answer from Folinskyinla, because from reading alot in this site I found him knowlegable of these kinds of situations.

Thanks again

Folinskyinla

Hi:

They take biometrics. They do check.

You don't give anywhere near enough facts to show what you are charged with. Don't focus on just CIMT.

A legal consultation might be in order with a LOCAL immigration attorney.

GentelMan

Thank you for your respond. I am just back from the court. I got convicted with disorderly conduct minor misdemenor instead of aggravated menacing which is a reduce for the original charge, I had to pay a fine of $150 and 24 community hours.

My question is, can I now apply for citizenship since this is a minor misdemenor or do I have to wait the 5 years? I tried to google but I couldn't really get to a valid answer.

Thank you in advance.

ian-mstm

You'll need to disclose this conviction, so get hold of the court documents. Regardless, there is no penalty if you apply now... even if it is eventually denied based on the conviction. If it's not successful you're only out the filing fee and you can apply again later. Worst case scenario: you remain a PR and have to renew every 10 years.

Ian

GentelMan

Thank you Ian.

When you say disclose the conviction, I am not sure if you mean get it expunged. And if not, what else did you mean by disclose it. Also what do you mean by get hold of the court documents?

Thanks again.

Noorah101

It means disclose it on the N-400 application. Get all the court records relating to your case to include with the N-400.

Rene

GentelMan

Thank you Noorah,

I wasn't going to hide it even if it is expunged; I understood that from the application.

I was just wondering if I could apply for Citizenship now having this conviction. But thanks to Ian for suggesting this to me and I am going to take the advice and just file anyway and the worest case is losing the application and lawyer fees.

Thank you very much.

Folinskyinla

Hi:

Any probation involved? You don't say.

GentelMan

No sir, there is no probation. Only conviction of 2917.11 (A) (5), $150.00 fine, and 24 community service hours. They didn't even take my fingerprints.