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Questions before renewing GC, PP and applying for citizenship

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SGB

Member
What is the name of your state? IL

My deportable Misdemeanor conviction to NY 120.00(1) from 2004 got vacated through a 440.10 motion and reentered as Disorderly Conduct NY 240.20(7) in Dec 2019.

During the legal proceedings prior to 2019 by other attorneys, there was a time lapse and delays and my passport and GC expired in 2017. I could not renew my PP because of expired GC and I could not renew my GC because of the conviction from 2004.

I have a few questions...

1) Is there anything I should do with the courts/USCIS and how long should I wait before I renew my GC or file for citizenship for USCIS records to get updated with the change in my conviction?

2) While renewing my GC or filing for citizenship, what reason should I quote for non-renewal of GC and PP that expired 2 years ago?

3) Should I renew my PP/GC first or file for citizenship with expired PP/GC or file all simultaneously?

4) If USCIS asks me reason for my arrest in 2004, should I quote misdemeanor 120.00(1) or dis-con 240.20(7)? I guess they can see everything in their records.

5. If USCIS asks me if I was arrested/convicted before, do I have to mention about my original misdemeanor conviction to NY 120.00(1) or just the dis-con 240.20(7) ?

6. What docs do I need to submit along with GC renewal? I have Order vacating 120.00(1) from court but don't have the dis-con order of conviction under 240.20(7) yet.

7. I see failing to update address within 10 days of moving is a deportable offense. I was not aware of this and updated only 3 times in the last 7 years. I'm concerned about not having updated my prior address changes with USCIS since entering US in 1998.

8. I lost printouts of address changes. Is this going to be a huge deal? Do I need to furnish address change filing proofs during GC renewal/citizenship filing or does USCIS have it in their records?

9. While filing for citizenship, what if USCIS does't have address changes in their records for my past addresses or don't match with the effective dates I furnish them accurately?

10. A travel agency who applied for my PP in India 20 years ago listed my uncle's 8 year old daughter as my Spouse (I furnished her as my beneficiary should anything happen to me). I got married to my ex in 2000 in US and my ex was fully aware of the error. That little girl got married a couple of years ago and currently lives in AU. Indian embassy here said I need to visit India to have it fixed while renewing it in 2006 as-is. When I file for citizenship, will this wrong spouse name in the Indian PP pose a problem? What is the solution?

11. The firm that did my GC filing in 2002 messed up and listed my ex's first son from her first marriage as my son. How do I fix this?

12. In my DL, the clerk made a mistake and recorded me as a female. Should I have it fixed before making any filings?

Disorderly Conduct 240.20(7) is a violation with a max 15 day jail time (I was granted conditional discharge) - it's not a crime and not deportable. This was done by my criminal attorney with caution to make sure I would not have any further complications. But these are just immigration-related questions for issues that I need answers before making any move. My criminal attorney is unable to answer immigration related questions and I cannot afford a new lawyer now as I'm jobless for almost a year.

Thanks much for your time!
 


t74

Member
What a mess!!! Get a job so you can pay the lawyer you really need. You might find help at a social service agency that assists immigrants who likely has lists of attorneys who provide services on a sliding scale based on income and resources.
 

FlyingRon

Senior Member
I'm confused. If by PP you mean passport, what does your green card have to do with it? The passport is issued by your country of nationality. You'll need to get that renewed independently. If by PP you mean physical presence, I'm not sure what you're talking about. If you are in the US you are present.

The expiration of a green card doesn't invalidate your personal residence. Unless the government has rescinded your residency status, you continue to be a permanent resident and all that time counts toward your citizenship. Further, a current green card is not required to apply for naturalization.

If you are within 90 days of your eligibility date for naturalization you can apply. You will find when you read through the N-400 application that you'll likely need to disclose both what you DID to get charged, what you were charged with but not convicted, and what you were convicted of. Even if the form doesn't ask, you can expect this to be inquired about at your interview. I would recommend you pull together all the official records you can get on the issue.

Where you have lived is IMPORTANT. You should endeavor to do your best to recreate this. They'll likely not get worked up if you can get the exact month and day down, but you will need to have EVERY PLACE you've resided. This is important to their investigation.

You should make sure your CURRENT address is on file. Unless the CIS was trying to contact you and failed to reach you, the issue of not informing them isn't a big deal.

However, as T74 says, you've got a lot of things going on here. You would be well advised to sit down with an attorney to help you navigate this problem and make sure you collect the right information and don't make any misstatements on anything that can get you in trouble either on the GC reapplication or the N-400.
 
As your green card expired in 2017 you may want to get an attorney because without a valid green card you can't change jobs, and renewing or amending your drivers license may be problematic.
Your questions on "Should I tell them about my conviction for disorderly conduct", trust me. both the FBI and ICE already know as Homeland Security share the database with both agencies.
The immigration rules are changing on an almost daily basis. Hire an attorney especially as there is a very long list of things that can get you deported.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim
 

SGB

Member
@FlyingRon

Yes, by PP, I meant Passport. I learnt that I cannot renew my PP without an valid GC. And I could not renew my GC as I would be placed in removal (prior to vacating the previous conviction). Now that conviction is vacated, I should work with an attorney and have them renewed.

Thank you all.
 

SGB

Member
@NeilTheCop

I was inquiring (when asked) if I should talk about the original conviction 120.00(1) that was vacated or the new dis-con 240.20(7) that is re-entered. Apparently, I have disclose both the original and the new convictions. Is that right?

Thank you!
 

FlyingRon

Senior Member
@FlyingRon

Yes, by PP, I meant Passport. I learnt that I cannot renew my PP without an valid GC. And I could not renew my GC as I would be placed in removal (prior to vacating the previous conviction). Now that conviction is vacated, I should work with an attorney and have them renewed.

Thank you all.
Eh? You're not making any sense. What country is your passport issued by? Why do they care about your US green card?
 

PAPP

Active Member
Eh? You're not making any sense. What country is your passport issued by? Why do they care about your US green card?
I'm not from India, but I'm required to show my visa or green card to renew my passport in the US, too. My guess is that foreign governments should not condone their citizens staying illegally in the US, so they need to check the visa status. If I renew it in my country, it's a different story.

To the OP, you really need a lawyer as the other member already mentioned. It's too complicated to resolve it by yourself. Good luck!
 

PayrollHRGuy

Senior Member
I'm not from India, but I'm required to show my visa or green card to renew my passport in the US, too. My guess is that foreign governments should not condone their citizens staying illegally in the US, so they need to check the visa status. If I renew it in my country, it's a different story.

To the OP, you really need a lawyer as the other member already mentioned. It's too complicated to resolve it by yourself. Good luck!
How about you stop making us guess things?

If you aren't from India where are you from? What does India have to do with any of this?
 

PAPP

Active Member
How about you stop making us guess things?

If you aren't from India where are you from? What does India have to do with any of this?
Sorry, I was not clear about what I said. The OP wrote s/he was from India. I'm from a different county, but when we renew a passport, we are required to show a visa or a green card like the OP wrote about the India passport renewal in the US. What I tried to say was that I'm guessing the US government requires the foreign country governments to check their citizens' visa status when their citizens renew their passports in the US. That's why the OP needs a green card to renew a passport in the US.
 

PayrollHRGuy

Senior Member
The OP required people to pull teeth to get info earlier with his use of PP and GC.

I missed that you weren't the OP.
 

t74

Member
Filing for citizenship has a more thorough review of the immigration history of the applicant. There are pewople for whom a citizenship application is very risky and remaining a permanent resident without the rights and responsibilities of citizenship is a better option. This should be discussed with the attorney
 
@NeilTheCop

I was inquiring (when asked) if I should talk about the original conviction 120.00(1) that was vacated or the new dis-con 240.20(7) that is re-entered. Apparently, I have disclose both the original and the new convictions. Is that right?

Thank you!
The I-90 renewal form makes no mention of crimes or criminal convictions.
You fill out the form, send off the $540 fee and wait until you get the appointment for your biometric scan. That's where immigration will discover any criminal records because they will run your name and fingerprints through the Homeland Security database.
And if you have ever claimed any welfare you need to contact an attorney, as the definition of public charge has been expanded.
https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds
 

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