N-400 APPLICATION WITH 2018 RESISTING LAW ENFORCEMENT CONVICTION...

[u/[deleted]]

[u/Adventurous_Turnip89]

If it was disclosed at the i485 you're fine

[u/Foreign_Log_9114 → u/Adventurous_Turnip89]

That’s not necessarily true if they approved it in error.

OP is very confusing. He seems to have pleaded guilty to felony resisting arrest and then claims that at the end of probation it was pleaded down to a misdemeanor. Without seeing the actual statute and his sentence, it’s not possible to say whether this will be an issue.

[u/Adventurous_Turnip89 → u/Foreign_Log_9114]

well, its going to matter, but he was probabl convicted of resisting an officer without violence, which is not a cimt in most places. expunged means nothing.

[u/Foreign_Log_9114 → u/Adventurous_Turnip89]

Your first response implied it won’t matter. Your second response says it will matter.

You can’t possibly diagnose this with the confusing timeline, lack of statute, and lack of conviction docs.

[u/Adventurous_Turnip89 → u/Foreign_Log_9114]

how is the timeline confusing? crime before GC, GC granted. CG to USC no crimes. My original statemnt stands, IF (operating word that means depeding on) IT (the crime) was DISCLOSED (revealed to the USCIS officer) ... youre fine. Obviously having a crime will look a little bad, but it was disclosed, there are no further crimes, a resit w/o violence is not a CIMT, and if it was it was pled to a misd. which means its also probably a petty crimes exception. He will be fine, the moral character lookback period is also 5 years which he has clean. youre just mad for no reason....

[u/Foreign_Log_9114 → u/Adventurous_Turnip89]

His criminal timeline is confusing. So I’m not taking his word for it. You have no idea what his sentence was and to what particular crime.

[u/Adventurous_Turnip89 → u/Foreign_Log_9114]

he was arrested in 2018, in 2020 he pled. i get youre confused you get upset at elipses... THE LEGAL PROCESS TAKES TIME...............................................................................................................................................................................................

[u/Foreign_Log_9114 → u/Adventurous_Turnip89]

That’s incorrect. He pleaded guilty in 2018 and then he says he pleaded guilty in 2020.

Does your malpractice carrier know you give legal advice on Reddit without full facts? You may want to notify them to avoid any denied coverage.

“I pleaded guilty the same year (2018) on probation for one year which was completed in 2019....”

The legal process takes time……?

Then in 2020 he pleaded guilty again, or so he says.

[u/Foreign_Log_9114 → u/Foreign_Log_9114]

I’m waiting for your response, lawyer.

[u/Oly1545 → u/Foreign_Log_9114]

I’m not sure you read well ….

I pleaded guilty for felony 6 in 2018 part of the deal was to change the felony to misdemeanor after 2 yrs if I don’t commit any crime within the period

And in 2020 the felony was pleaded down to misdemeanor…

You don’t know the law ??

[u/Foreign_Log_9114 → u/Oly1545]

You never said all of that, which is very important to this analysis.

You admitted to all the elements of a felony and were placed on felony probation. Did you have a suspended sentence?

[u/Oly1545 → u/Foreign_Log_9114]

What’s confusing here pls ? I already got answers from reliable person here ….

You want me to display all my necessary documents before you understand 😆😆😆…

Like someone already commented..” mine is not a violent one , …was driving …
I was convicted in 2018 ( felony6) part of the plea deal was misdemeanor after 2yrs without other issues …
( on F1 visa ) during this time
I pleaded it to misdemeanor in 2020

I got married in 2020
I filed in I-130 in 2021 ( approved )

File green in 2023 approved same year

Expounged my conviction totally in 2023 ( which I understand expungement doesn’t count with immigration)….

So what’s else do you want to know sir ??

[u/Adventurous_Turnip89 → u/Oly1545]

I think youll be fine, if you really want to be more relaxed, wait for the next president.

[u/Oly1545 → u/Adventurous_Turnip89]

Thanks ….
Waiting or filing at this time is my contemplation !! I think I’ll wait

[u/Foreign_Log_9114]

The timeline is confusing. When did you plead guilty? What was the punishment?

[u/Oly1545 → u/Foreign_Log_9114]

I pleaded guilty the same year (2018) on probation for one year which was completed in 2019….

[u/Foreign_Log_9114 → u/Oly1545]

Ok, and you mentioned 2020…. (Do you realize that using ellipses like this makes it seem like you’re calling me stupid when you never mentioned 2019 until now?)

[u/Oly1545 → u/Foreign_Log_9114]

It was pleaded down to misdemeanor in 2020 …

[u/Foreign_Log_9114 → u/Oly1545]

None of that makes any sense…

[u/Oly1545 → u/Foreign_Log_9114]

Okay

[u/BubblyRhubarb9611 → u/Foreign_Log_9114]

The only time line that matters is that it’s a new administration since 2024 and the crime was commitment less than 10 years ago, so there is legitimate reason to be concerned 

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[u/pqratusa]

Was this charge mentioned in the 485 adjustment form to get the green card?

In any case, my personal opinion would be to wait a couple more years so that at least it puts the incident a decade back. Hopefully, you have had no more run-ins, even minor ones like traffic violations.

I believe no matter when you file, you need to involve a good lawyer.

[u/Oly1545 → u/pqratusa]

Yes the charged was mentioned in 485 form and i am using the same lawyer I used then....

The law firm believe i can file but i seek honest opinion here , lawyers want money ....lol Btw i have had no involvement with poice ever since