applying for citizenship

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tony28270

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I have a friend who been here illegally for 18 years and was granted amensty back in 1988. He applying for citzenship right now and he like to know because he have broken so many laws in the past if he should even apply, he was granted a green card when Regan granted amensty to all illegals. he got caught for shoplifting, breaking into cars and drunk driving and disorderly conduct but no felony. What do you think, all happen before he got his greencard. In the 1980s.
 
If your friend's drunk driving and disorderly conduct, assume there were multiple times and were resulted from drunk, under immigration statue, it could be the graunds for "habbitied drunk", which is a CIMT and a deportable offense regardless if it was a felony or not under state statue. The best advice for your frind is to seeking an experienced immigration attoney before proceeding.
 
Citizentobehz said:
If your friend's drunk driving and disorderly conduct, assume there were multiple times and were resulted from drunk, under immigration statue, it could be the graunds for "habbitied drunk", which is a CIMT and a deportable offense regardless if it was a felony or not under state statue. The best advice for your frind is to seeking an experienced immigration attoney before proceeding.
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Drunk driving back then was not a serious crime like today. There was no 3 days mandatory in jail back then, just a fine and court date. Laws were more leinent back in the 1980s.
 
tony28270 said:
he got caught for shoplifting, breaking into cars and drunk driving and disorderly conduct but no felony. What do you think, all happen before he got his greencard. In the 1980s.
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Some offenses that are misdemeanors under state law are classified as aggravated felonies under immigration law, and as such are deportable offenses.
 
Jackolantern said:
Some offenses that are misdemeanors under state law are classified as aggravated felonies under immigration law, and as such are deportable offenses.
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The crimes happen when he was all under 18 a juvenille. He went to juvenille court he was about 15,16 and 17 when all these crimes happen. No adult court......:eek:
 
tony28270 said:
Drunk driving back then was not a serious crime like today. There was no 3 days mandatory in jail back then, just a fine and court date. Laws were more leinent back in the 1980s.
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Immigration laws are retroactive in many cases, it is much different than state statue.
 
Citizentobehz said:
Immigration laws are retroactive in many cases, it is much different than state statue.
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How can laws be retroactive, who told you that? I think you sleep at too many holidays last week.... Using cocaine was legals in 1920 but not now. Does that mean everyone who drank Coke and using coanine back in the 1920are all felons because it is illegal now. .:(
 
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The 1996 law (Illegal Immigration Reform and Immigrant Responsibility Act of 1996) is indeed retroactive, reclassifying some misdemeanors as "aggravated felonies" for immigration purposes. They can do that because the law applies to noncitizens, and noncitizens don't get the same due process rights as citizens. Juveniles are not immune either.

http://library.findlaw.com/1999/Jun/1/127033.html
It is outside the scope of this article to engage in a discussion about the new definitions of an aggravated felony. However, IIRAIRA dramatically redefines the definition of what constitutes an aggravated felony and the definition of a conviction under the INA. In addition, IIRAIRA's definition of an aggravated felony is retroactive; therefore, the date of the conviction is immaterial.
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