Criminal Law Naturalization with couple misdemeanor charges.

[minhshin]

I came to this country when I was 8 (in 1990) as a green card holder. In 1999, right when I turned 18, i got arrested for burgulary of a vehicle in state of TX. Then in 2007, I was arreseted for criminal mischief and evading an arrest. Criminal mischief charge was dismissed and the evading arrest charges are pending(probably will be reduced to class C misdemeanor). Then in late 2007, I was arrested for DWI. However, I was aquitted after a trial. So bascially I have two criminal record, the burgulary vehicle(misdmeanor A,its sealed to public) and evading an arrest charge that will be reduced to class C misdemeanor. I read that Burg of a vehicle in TX is not encompassed within the "burglary offense" category of aggravated felonies under the Immigration and Nationality Act

In 2011, I will graduate from dental school and become a dentsit. I will also join the army dental corp Reserve.
My questions are:
1)Will the fact I am a dentist and in the army reserve help me out in anyways of getting a citizenship??
2)Will I just be deported??
3)Do I even have a chance of getting a citizebship? If there is a high chance of getting deported, i need to start making plans to practice in South Korea(where I am from).
4) I have a girlfriend who has been here since she was 13(now 26) but is illegal now due to her visa expiring. Can she get a green card or work permit if she marries me who has a green card? Can she stay in the US?
a) If she can, how long will it take?
5) Will marrying a illegal immigran have a negative effect on my naturalization application in the future??

Thank you so much for taking time to read this. I am so sorry I bombarded you with lot of questions.

 

[mafioso]

A plea deal to immigration is the same as a conviction. The petit offense exceptions give room for only one crime involving morale turpitude. But given your length of time here many variables and remedies exist. You status would be determined by if evading is a CIMT, which would mean two for you and leading to inadmissibility. I think it is a CIMT but immigration law is complex and would depend on the circumstances, and police reports and statements. So only your immigration lawyer can help address this. So don't leave the US without clearing this issue…….You could be denied re-entry. CIMT can most often be determined by the evidence and on a case by case basis……..there is no one size fit all.

 

[mafioso]

What was the burglary charge reduce to a class A in a plea deal or what? Let me know about all your charges……….
Is your mischief charge dismissed as part of a plea or what?
I need to know every detail to help you, so let me know if all your charges were got by pleas or if those were the original charges…………..

 

[mafioso]

Sorry for got to post your answers.......
1) Will the fact I am a dentist and in the army reserve help me out in anyways of getting a citizenship??
It is a plus but you might need some waivers which the army can help secure given your current service.

2) Will I just be deported??
You can apply for a waiver which would take care of it if approved.

3) Do I even have a chance of getting a citizenship? If there is a high chance of getting deported, I need to start making plans to practice in South Korea(where I am from).
You can apply for citizenship only if you have shown good moral character for at least five years. So you can't apply anytime soon. Deportations and waivers if necessary can only be addressed by your immigration lawyer with full knowledge of all the facts.

4) I have a girlfriend who has been here since she was 13(now 26) but is illegal now due to her visa expiring. Can she get a green card or work permit if she marries me who has a green card? Can she stay in the US?
a) If she can, how long will it take?
If she has her 1-94 there are some ways she could try to qualify for adjustment of status via marriage……..again only her lawyer can see if she still has all relevant docs to qualify.

5) Will marrying an illegal immigran have a negative effect on my naturalization application in the future??
No. But you have serious issues to address in your case and so don't even apply for citizenship or marry here to file without your immigration lawyer.

 

[minhshin]

The burg of a vehicle was a misdemeanor class A to begin with. The criminal mischief was dismissed cuz the damaged was paid off. If I can get the evading an arrest charge, I will have a chance of getting a citizenship since I only have one charge??

And regarding my girlfriend, if she doesnt have a I-94, can she use the stamp on her passport?

Lets say that my lawyer argues that the evading an arrest charge wasn't a CIMT. THen can I leave US and come back even if I not a citizen yet. What I asking is, if we prove that evading is not CIMT, will i be guaranteed admission back into US?

Thank you for the reply.

 

[minhshin]

another quick question. I live in San Antonio, TX. Do you know of any good immigration lawyer??

thanks again

 

[mafioso]

There are many.....I don't know any personally but just get one who has been practicing for at least 10 years. They would definitely have all the experience you need.......Use goggle your town, town and immigration........