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-   -   Can I become citizen while on probation (https://www.askmehelpdesk.com/showthread.php?t=327939)

  • Mar 11, 2009, 02:13 PM
    levent altay
    Can I become citizen while on probation
    Hey everyone please help
    I'm in probation for the past 3 years and I apply for citizenship now I have inteview date for march 17 and my probation ends on July 27 and I was wondering if I can past the interview while I'm on probation.
    If anybody have the same problem in the past please let me know as soon as you can/
    Thanks everyone please help rightaway
  • Mar 11, 2009, 02:53 PM
    DCcityboy

    It will depend on the exact criminal statute, the underlying arrest, charge and conviction.

    In that you haven't completed your probation, the officer generally cannot approve the natz application because during this time, you will not be able to show you are a person of "good moral character" (from the INA). This is very serious. If the underlying conviction is an aggravated felony (immigration terminology, not state criminal code), certain misdemeanors (usually firearms, CSA violation or domestic violence), you could be denied citizenship and put into deportation.

    Even after the probation, if the officer determines that you are not GMC, they may have you wait 5 years from the end of the probation. Pretty serious delay in natz.

    You must bring all your criminal records to an experienced immigration attorney to see if you are safe from natz denial and deportation.

    I trust this is responsive to your inquiry.
  • Mar 11, 2009, 04:09 PM
    Fr_Chuck

    Is your crime and probation listed on your application
  • Mar 11, 2009, 04:26 PM
    levent altay
    This is only a simple dwi charge. And I haven't done anything wrong since.
    Llet me know if it would be problem.
    Thanks



    Quote:

    Originally Posted by DCcityboy View Post
    it will depend on the exact criminal statute, the underlying arrest, charge and conviction.

    in that you haven't completed your probation, the officer generally cannot approve the natz application because during this time period, you will not be able to show you are a person of "good moral character" (from the INA). this is very serious. if the underlying conviction is an aggravated felony (immigration terminology, not state criminal code), certain misdemeanors (usually firearms, CSA violation or domestic violence), you could be denied citizenship and put into deportation.

    even after the probation, if the officer determines that you are not GMC, they may have you wait 5 years from the end of the probation. pretty serious delay in natz.

    you must bring all your criminal records to an experienced immigration attorney to see if you are safe from natz denial and deportation.

    i trust this is responsive to your inquiry.

  • Mar 11, 2009, 04:29 PM
    Lowtax4eva

    Is this in the US or Canada? Or somewhere else?
  • Mar 11, 2009, 04:52 PM
    DCcityboy

    Good, single DWI is not an offense that will endanger your PR (unless there were bodlily injuries) or other extenuating factors such as other arrests for alcohol related offenses, which some officers will say is evidence that you are a "habitual drunkard" another grounds for denial of natz.

    Generally, the officer will not approve your natz until you complete probation and depending on the officers interpretation of the law, may say the GMC time runs from completion of probation.

    Go to the interivew, bring everything related to the DWI and don't make any misrepresentation. Good luck.
  • Mar 11, 2009, 04:53 PM
    levent altay
    This is in newyork city lowtax4eva thanks for your help.
    My charge is only dwi 6 month license revoked 3 years probation and I have 4 month left for my probation ends.
    And my interview is next week for naturilazation and I'm afraid to get denailed.
    Please help let me know if I should go to interview or what to do..






    Quote:

    Originally Posted by Lowtax4eva View Post
    Is this in the US or Canada? Or somewhere else?

  • Mar 11, 2009, 05:54 PM
    levent altay
    Yes fr-chuck
    I did include all the detail including dispotion paper.
    I mean they know that I'm in probration so why are they making me go to the interview knowing that they will denay my application,its so stupit. Tell me if I should go the interview thank you






    Quote:

    Originally Posted by Fr_Chuck View Post
    Is your crime and probation listed on your application

  • Mar 12, 2009, 01:59 PM
    Lowtax4eva

    Did you serve any time in a penal institution or you just got straight probation?

    I don't see anywhere on the list that says you are inadmissible to take the naturalization test, it has a list of offences that would prevent you from taking the test but being on probation is not listed.

    I checked and DWI does not count as "moral turpitude"

    General Naturalization Requirements
  • Feb 9, 2013, 02:14 PM
    almusaman
    So. Did you go to the interview? If yes what were the result? I am in the same situation whoever my charge was a wet reckless and 6 mon dl suspension and 3 year summary probation

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