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Can I obtain US Citizenship with my Criminal Record? Naturalization, Citizenship

Discussion in 'Green Card, Residency, Naturalization' started by SanSFO, Jun 18, 2008.

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  1. SanSFO

    SanSFO Law Topic Starter New Member

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    Hi-

    I'm a "green card" holder in the United States. I plead guilty in 2003 (about 6.5 years after getting my green card and the crime happened 5.5 years after my green card) to a 245(A)(1) in California. This is an "assault with a deadly weapon." It is a felony with a max sentence of 3 years, but I was sentenced to 90 days and only had to serve 60 in county jail. Since the time, it was reduced to a misdemeanor and then expunged from my record. I've heard it is irrelevant for immigration purposes, but I mention it just in case. It is my only brush with the law. An attorney did confirm that I could NOT be deported for this offense.

    Since the time of the conviction, I've held jobs, internships, earned a High School degree and a 4-year College degree. I was also admitted to a Masters program in Management although I chose not to go. I do not owe or failed to file for taxes. I don't owe anyone any child support or any other things of this nature. It has been 5.5 years since my conviction and would like to obtain a US Citizenship.

    I must also add that my green card expired about a year ago and was successful in obtaining renewal of the green card. I went to an attorney to make sure I could do my renewal without a problem. The lawyer said I would have no problems at all. He said I could do it myself, and he was right.

    My question is: Can I get U.S. Citizenship? Will they try to deport me if they deny it? If they try to deport me, can I have a 212(c) waiver?

    Thank you.
     
  2. mafioso

    mafioso New Member

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    Yes you can get a waiver. And you would qualify for citizenship since you did not spend up to a year in jail...................you have had a clean record for five years which is key. You might be denied and put on deportation but it would be resolved fairly easy. Immigration is sometimes negligent and makes mistakes with such cases. I would say just get a waiver first to make it easier. But know it would be okay........don't be scared you qualify.
     
  3. SanSFO

    SanSFO Law Topic Starter New Member

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    Thanks! I will contact a lawyer as soon as possible. I should also add that my lawyer did say at the time of the green card renewal that my crime cannot lead to deportation. I don't know if once you apply for citizenship there's a new rule book or they can deport you for whatever reason they want. I hope not!

    Thanks so much.
     
  4. mafioso

    mafioso New Member

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    they would run an FBI background check on you..........It could show up. He might have told you it could not lead to deportation due the the structure of the plea aggrement. But know it would be okay due to the disposition................They can't deport you easily...........you would have all the time to get your waiver now and to show your offense is not deportable PER my previous post.
     
    Last edited: Jun 27, 2008
  5. SanSFO

    SanSFO Law Topic Starter New Member

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    He said I am not deportable because it happened 5 years after getting my green card and my sentencing was less than 1 year. He said only within 5 years my crime can get me deported.

    I see what you're saying! Get the waiver just so that they don't mess with me because they are irresponsible like that and I'll have to prove I'm not deportable.

    Thanks again!
     

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