Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, "To finish...". You may continue to ask additional questions without additional charge on this same thread even after you leave a positive rating.
Unfortunately, that's going to be a problem. But first, before we even get to that, even if somehow the crime did not make you deportable from the U.S., to have the best chance of approval of the N-400
, you would have to wait 5 years from the close of the case including time on probation. So let's say you tell that to the judge and the judge says that June 1, 2015 you are done with probation. You should wait 5 years from June 1, 2015 before applying. So that would be June 2, 2020. To apply before, you would almost certainly be denied because they want to see a full 5 years without issues. Normally, you would just lose $680 and apply again later, but in your case, I think if you were to apply, or if you were to travel outside of the U.S., when coming back, you could trigger a referral of your case to Immigration Court for Removal Proceedings. Why? Take a look at this link on pages 44 and 45:
If there is sexual misconduct, it is an Aggravated Felony and thus a deportable offence. At that point, you have a few options to take care of that offense so that it does not result in your deportation
1) Get a full and unconditional governor's or U.S. Presidential pardon for the crime.
2) Hire a VERY good criminal attorney to look into the possibility of reopening your criminal case because something was done incorrectly at the criminal level. If the case can be reopened, then the conviction needs to be vacated (set aside) and then you would need an agreement from the prosecutor not to prosecute you again (which they can do). You can try looking for an attorney at www.ailalawyer.com.
3) Convince the majority of the U.S. Congress to change the law or to make a law of special application only for you called a Private Bill.
These options essentially would eliminate the conviction so that Immigration cannot use it against you to keep you out. Unfortunately, sealing or expunging the conviction does not work.
4) IF you became a U.S. Lawful Permanent Resident while inside the U.S. AND you have a U.S. Citizen or U.S. Lawful Permanent Resident spouse or son or daughter that would suffer EXTREME HARDSHIP if you are deported, then you MIGHT stand a chance to not be deported and get Residency again.
I only tell you this because I care and don't want you to get deported. I could have just as easily told you the first part, that you had to wait, and then you could have gotten in trouble after applying or traveling. So please take that into consideration when rating me.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.