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Set Aside Felony Conviction and Renewing/Citizenship

Discussion in 'Green Card, Residency, Naturalization' started by RR5975, Jan 14, 2021.

  1. RR5975

    RR5975 Law Topic Starter New Member

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    Jurisdiction:
    Arizona
    - I had my permanent status granted in 1989
    - I was arrested in 2009 and had a plea bargain.
    - Count 1: (amended) facilitation to commit possession of marijuana for sale, a class 6 designated felony. ARS 13-3401, 13-3405, 13-3418, 13-1004, 13-701, 13-702 and 13-801
    - I did 30 days time, work furlough released and discharged from courts.
    - This is my 1 and only arrest to date, non repetitive/non violent
    - I had my gun and civil rights restored in 2016
    - And conviction set aside in 2017

    1. Can I get my green card renewed?
    2. Can I apply for citizenship?
     
  2. Zigner

    Zigner Well-Known Member

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    Why did you not renew your green card?
     
  3. RR5975

    RR5975 Law Topic Starter New Member

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    I was convicted, and didn't want to raise any flags.
     
  4. flyingron

    flyingron Well-Known Member

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    You can very much be subject to trouble for trying to renew the green card. The 'biometrics' can very much trigger an investigation into your criminal history that's happened in the interim. You could end up being deported.

    Even if your crimes end up terminating your permanent residence , the N-400 (naturalization application) asks extensively about your criminal behavior. As far as the application goes, it doesn't matter if you did it or not, whether the conviction was set aside, or even if Donald J. Trump gave you a pardon. It has to be disclosed along with any other criminal activity you committed that you weren't prosecuted on.

    It would behoove you to seek the help of an immigration attorney. Future citizenship may be the least of your concerns.
     
  5. RR5975

    RR5975 Law Topic Starter New Member

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    I appreciate the feedback. The renewal of a green card doesn't ask any questions in regards to criminal activity.. do you know if the renewal process of a green card goes through the same "biometrics" checks of criminal history?
     
  6. army judge

    army judge Super Moderator

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    These days EVERYTHING related to a person's criminal history is subject to a rigorous investigation.

    As suggested, it is in your best interests to seek a consultation with an EXPERIENCED immigration attorney.
     
  7. flyingron

    flyingron Well-Known Member

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    I don't know how I could make it clearer. I never said the I-90 asked about criminal activity, for I know it does not. The biometrics appointment that is necessary for the renewal will run your fingerprints through the FBI. Arizona setting aside does not result in an expungement. It will show up. Now whether that will result in your permanent residence being terminated or deportation, probably depends on the details. This is why I said YOU NEED A GOOD LAWYER BEFORE YOU DO ANYTHING.
     
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  8. RR5975

    RR5975 Law Topic Starter New Member

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    Understood. Thank you.
     
  9. RR5975

    RR5975 Law Topic Starter New Member

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    Got it, thank you.
     

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