Greenmilk

how bad is it for a US permanant resident to get arrested during
immigration protest? (on either side.... pro-immigration or anti-
immigration)

For a simple disturbing the peace... in which she was detained with
several
dozen protestors, and let go 3 hours later with a $75 fine.

Will this affect her naturalization application in a couple of months?
Obviously,
now she has an arrest record... or is this much more serious than having
been
pulled over for doing 65 in a 55mph zone?

Thanks!

--
Posted via http://expatforums.com

frrussre

She was ARRESTED. Could be deported, as undesirable. I would say that is not good. Plus, would think safest thing, would be to not to join protests, in a country where you are a guest.
I have no legal knowledge or experience, but think best avoided. Don't think USCIS, would be overly pleased if one day she applies for Citizenship.
Reg. Frank R.

fatbrit

Disturbing the peace doesn't sound like a particular biggie to me. No great expert but I can't see anything hugely horrific in there such as CIMT or drugs. She might like to run it through a lawyer, though, before she puts the N-400 in.

One thing she will definitely need to do is if she applies is list and document the process in the N-400. Make sure she has a copies of the charge, fine and proof that she paid it.

hcj1440

Last time I checked, only felonies were deportable offenses. USCIS will abide by the law when it comes to naturalization. Whether they are pleased or not, hardly matters. Even "crimes of moral turpitude" are not absolute barriers to eventual naturalization, though you may have to wait a while longer.

Kinda OT but I was really disturbed by your comment. We might have the Patriot Act and the Secret Service might not let Cindy Sheehan within a 5 mile radius of W., but we are still allowed the rights of free speech and free assembly. Those rights extend to our Lawful Permanent Resident "guests" and IMO it's quite American of them to exercise their rights (which they may not have had in their home countries, depending on where they came from). LPRs shouldn't have to walk on eggshells. Maybe you felt like that while you were an LPR (I think I saw on another post that you just naturalized, or were about to) but I really hope it wasn't people in the US that made you feel that way -- hopefully it's just a holdover from wherever you came from. It's not what this country is about and I hope that's not the image we project to our legal, welcomed immigrants.

XYZ123

I think that they can only deport a permanent resident for a VIOLENT CRIME. Not for a misdemeanor.

Having said that, if an alien feels the laws of the country are bad, they can always get out. Good riddance, INMHO. Don't let the door hit your *** on the way out. Go and change the laws of the country where you have citizenship.

Folinskyinla

Hi:

You don't give enough in the way of facts to answer the question. Don't know the particular statute/ordinance in question and there might be more to the sentence than a $75.00 fine. But some general comments:

Usually, "disturbing the peace" statutes are not considered a "crime involving moral turpitude" ["CIMT" in immigration jargon].

A naturalization application canNOT be completed if the application IS on probation for ANY offense. However, the probation time CAN be considered towards time of required good moral character.

"The devil is in the details."

Folinskyinla

Hi:

On the first paragraph -- ROFL. You think wrong. On the BTW front -- "crime of violence" is a term of art and one such case went to the Supremes: "Leocal" involved vehicular manslaughter which was ruled NOT to be a "crime of violence" for the "aggravated felony" provisions.

On the second paragraph -- LPR's have First Amendment rights. On the statuory front, there is the GENERAL tension between 1st Amend and campaign financing -- but specifically, LPR's can't make financial contributions.

Just Cocky

On Sun, 30 Apr 2006 11:39:56 +0000, Folinskyinla
<member4043@british_expats.com> wrote:
    >On the second paragraph -- LPR's have First Amendment rights. On the
    >statuory front, there is the GENERAL tension between 1st Amend and
    >campaign financing -- but specifically, LPR's can't make financial
    >contributions.

The FEC appears to have a different position:

"Individuals: The Green Card Exception

An immigrant may make a contribution if he or she has a green card
indicating his or her lawful admittance for permanent residence in the
United States."

http://www.fec.gov/pages/brochures/foreign.shtml

--
"The trouble with the world is that the stupid are
cocksure and the intelligent are full of doubt"
-- Bertrand Russell

frrussre

Land of the free, yeah right. My last word.
Reg. Frank R.

Folinskyinla

Hi:

Thank you. Learn something new. I've made political contributions in the past and the forms they had me fill out stated they would accept only from U.S. Citizens -- I guess they were quite cautious.

scrubbedexpat099

I like your first answer.

Might use it next time I am hassled.