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convicted of felony. still able to apply for a citizenship?

Discussion in 'US Citizenship' started by nooneisperfect, Jun 22, 2007.

  1. nooneisperfect

    nooneisperfect New Member

    Hi everyone,

    I had a question regarding to applying for a citizenship.

    Is it true that once you are convicted of felony, you can't apply for a citizenship?

    My friend from UofW just got convicted of "Class C" felony for "aggrevated assault in 3rd degree" in Washington State:(

    Though he did not physically assaulted anyone... he had a sexual intercourse with a minor, (he claims that) he was threated by the girl and her mother for $500,000.00 in exchange of not going to the police, he nor his parents did not pay the money, got arrested.

    It is his fault for encountering in sexual activities with a minor, but his criminal lawyer did not warn him regarding to the loss of rights to applying for citizenship in the U.S.

    His green card expires early next year and he was planning to become a U.S. citizen with his parents.

    Can someone lead me (him) to the right direction or should he give up becoming a U.S. citizen after 17 years of living in the states?

    Thanks in advance, and it is a common sense but CHECK THE GIRLS/BOYS ID before even touching them..... lesson learned for him, all his friends and myself in a very sad way....:(
     
  2. kagemusha

    kagemusha Registered Users (C)

    That almost sounds like a deportable crime (did your friend have to serve jail time ?). In any case I am sure it makes him inadmissible for citizenship but maybe someone with more knowledge in this matter can confirm.

    -KM
     
  3. rogerkint

    rogerkint Registered Users (C)

    your friend should talk to a competent immigration attorney

    I think your friend has more to worry about than citizenship. It is quite likely that he is ineligible for citizenship. You said he was convicted of third degree assault ( was it sexual assault?) - that makes it a "crime of violence" and possibly "crime or moral turpitude". If your friend was sentenced to prison for a year or more (even suspended sentence) - he may be deportable. Very few immigration remedies exist for non-citizens convicted of crimes. There are almost no legal avenues that prevent the deportation of non-citizens’ convicted of an aggravated felony.

    Sentences are often the most important factor in determining the immigration consequences of criminal conviction of a non-citizen. Section 101(a)(48)(B) of the Immigration and Nationality Act defines a sentence: “any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by the court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.” Consequently, the Department of Homeland Security will analyze the actual sentence imposed—regardless of any time suspended—to determine whether to initiate deportation proceedings.

    We have limited information to go on here and the consequences are pretty drastic. Your friend should go to a an immigration lawyer with experience in this kind of matters. However, very few immigration remedies exist for non-citizens convicted of crimes. There are almost no legal avenues that prevent the deportation of non-citizens’ convicted of an aggravated felony. Unfortunately, this is something his lawyers should have taken into account and negotiated a plea agreement.

    Good luck.

    rk
     
  4. boatbod

    boatbod Registered Users (C)

    Your friend should steer well clear of USCIS, as I strongly suspect he may be deportable even without trying to apply for citizenship. Did he have to register as a sex offender? (One would presume so, given the nature of the crime)

    Not much else to say, except I hope he enjoyed those 17 years here. Maybe a lawyer can help, but somehow I doubt it, unless the conviction can be overturned.
     
  5. nooneisperfect

    nooneisperfect New Member

    Everyone, thank you so much for the reply.

    He had two choices between being convicted of
    "rape of minor???" which is mistemenar (ok.. I know that's not how you spell but forgive me)
    "assault in third degree" which is a class C felony

    From what I heard from his mom, if he had to chosen the rape of minor, he had to register as a sex offender and get deported. Assault in third degree is a felony but it only gave him two strikes and was able to keep the green card.
     

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