Naturalization. Why Not?

I guess i never wrote the entire story from beggining to end so it can be understood by anybody. In December 95 i moved to Vancouver, WA, at Fox Pointe Apts next to Kyocera factory at the advise of Nelu Ciorba who introduced me to Dan Costan. Dan Costan was already working there as a tech and his wife as an operator and the firm had a reputation for hiring Romanians (back then everybody was hiring).

However i was denyied the app though in September i was called for an interview in the evening which i missed becasue i was working swing shift at Sheridan that day.

Around Christmass time there has been a shooting at the 7-11 on our street.

In January Dan Costan took me to an Interim agency (now Shperion) who hired me to work for Electronic Specialty. He was kinda sarcastic and he told me after on several occasions that he was a right extremists while being very offensive, if not threatening.

So i went to work there. Since the first day, a woman named Merry (resembling my grade school chemistry teacher) asked to work at a drilling press passing a tool through ferrite relay armatures used in a military application. As i said in the linked post above, i got sick and ended up in jail and then  hospital.

I figured the smartest way to describe what happened is to link to other posts. But the short story is i got gassed with 1,1,1 trichloroethane, awake and without water for a week, pepper sprayed, beaten, arrested by a couple of police women, booked, jailed and had a trial date set for a couple of misdemeanors.

But i didn't know about the trial until a few days before when i got the "invitation" in the mail. I think i was already working at Credence and had 800 dollars in my checking. So i grabbed the yellow pages and found an attorney by the name James Mayhew. He agreed to see me right away and acted as a gentleman, the kinda i never saw before or after in the US. He took my money, copies from all the documents and said he will go to trial.

However in the evening before the trial date (i think it was May 3rd, my mother's birthday) got a message on the answering machine (digital, a novelty, had only 30 seconds recording time for one message) this message from Janet Anderson, the court appointed attorney, the one who represented me in the day after the arrest in front of the judge.

It was only in the last years that i realized her voice is Hilary Clinton's. The physical appearance as i remember (height, weight, face) also matches her.

So all of a sudden i found myself the next day in Vancouver Municipal Court's hallway having two lawyers, arguing with each other. The calm and nice gentlemen i saw in the office the other day turned into a small man all perspiring in front of her.

However he managed to tell me that if i take that offer it means i plea guilty to the offenses (a couple of misdemeanors), that would eventually be dismissed after 2 years but forever in my record and i will have problems with my citizenship. He also told me not to sign the agreement because it was never signed by the judge Stocker.

I those moments i had to make a decision and going in that courtroom with the perspiring guy seemed to risky to me. So i signed the papers and then the next days i did something i will be ashamed forever. I went and asked him the money back and he gave it to me.

Years have passed and time to apply for the citizenship. However i stopped with filling the application when i got to the question "Have you ever been arrested". So i passed.

A few more years have passed and i got so sick in 2004 (unbearable upper abdominal pain) i decided to go to Romania to see some doctors there. And there i got another option. Since they would not let you enter EU without a health insurance, i bought one real cheap for a few months traveling there and went to France where i hopped i could see real doctors. But that is another story.

Since i did not know if i will return, or what will happen to me there, just before i left in April 2004 i filled the application for Angela since she had a clean record. When i came back in September i found Angela with a chemo pump on her shoulder, and after her "cancer" (we did not know of before i left) surgery in September (and one more stay at psychiatry for me in the same hospital, where she came to see me the day after surgery) she was granted citizenship. But i did not want to take a chance for myself, and will try to explain why.

But for that i will have to bring here the USCIS Naturalization Application form N400. At page 14 of the file there are some questions starting with "Have you ever been...?"

A few days ago i decided to fill the app to see what happens, cause i have been without a passport either Romanian or American or whatever for too long and the application for Green Card renewal is getting more expensive (fees) than Naturalization itself which does nor require renewal every five or ten years and you cannot travel with a Green Card only.

There is very little chance that two misdemeanors i pleaded guilty though never been convicted 27 years ago to cause any trouble with the application (where a couple of things can go wrong, the least, being denied, the second, deported for omitting crimes as a non-citizen). Though there are a few observations here to be made. Those records do not exist anymore at the Vancouver Court, they have been destroyed like any others after a number of years.

The app does not tell you what to do when records were destroyed (though expunged mentioned there also involves destroying though at your request). By forcing you to disclose an expunged record and eventually suffer the consequences, they are sanctioning you again for the same violation you may have been convicted in the past (NON BIS IN IDEM).

There is also a problem with what they call "deferred prosecution" (the agreement i made with the prosecutor though never signed by the judge) where you agree to the crimes you have committed or not to spare yourself the troubles of a trial (waving the presumption of innocence) where the prosecutors know you may have committed crimes and become your accomplices if you are never tried.

The prosecutor cannot grant amnesty to a non conviction and generally a prosecutor cannot grant amnesty (extra judicial or acts of justice outside courts).

Also when i looked at i saw more questions in that area than i remember from past versions, and also, because i have become more aware of laws and US Constitution and my English has improved, today it suddenly occurred to me the application itself may be unconstitutional.

One of the things is they force you to answer questions "even if a lawyer told you not to", that may incriminate yourself thus breaking the 5th Amendment of US Constitution, one time for each applicant.

And last but not least. Why would someone want to disclose a record that does not exist anymore with no way for USCIS to verify.

Welcome to my nightmare that lasted 27  years. To this moment i feel the touch of that baton she put in my hands to get my fingerprints while i was cuffed with my hands behind my back, pushed against the car and yelling with pain from pepper spraying. The episode got imprinted in my memory because until i saw the report i thought it was a gun.

Am ambulance came and theatrically treated one of them but not me. BTW when i got back from the hospital i saw under a bush next to the apartment a VCR tape but i was afraid to pick it thinking it might have been a trick. Did anybody filmed everything and wanted me to see it? How many times and hours i thought about and could never find a solution to all these? Thousands?

I think i read somewhere that statutes of limitations (prescriptions) do not apply to torture, attempted murder. It started with me being literally gassed at Electronic Specialty, driving under the influence of that gas, not sleeping, eating or drinking water for a week, beaten by the Police, threatened in jail, etc.. Hilary Clinton was accomplice to all these.

Bill Clinton himself was in Portland during those days.