Can an Ex-Convicted Felon apply for citizenship? Help Please!!!

T

thrillah1

New Member
Ladies and Gentlemen,

I have a friend in dire need of any advice that could help. We'll just call him Joe for now. Joe entered the U.S. in February 1998 and is a green card holder(Legal Resident Alien). Joe joined the military in March 1999 but unfortunately got in trouble and was convicted of a felony on December 2003. He served time in a military prison for 13 months and was released to civilian world on December 2004.

Joe's felony was Larceny, Buying and Selling stolen goods and conceiling stolen goods (All of it is not so serious but considered a felony). Considering Joe's Green card expires on February of 2008, Can Joe apply for U.S. Citizenship?

Thank you!!!
 
LOL.

thrillah1 said:
Ladies and Gentlemen,

....
Joe's felony was Larceny, Buying and Selling stolen goods and conceiling stolen goods (All of it is not so serious but considered a felony). Considering Joe's Green card expires on February of 2008, Can Joe apply for U.S. Citizenship?

Thank you!!!
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Methinks Joe should be more worried about getting deported when his green card expires than he should about naturalization.
 
Citizenship? Not a chance.

Theft definitely falls under the scope of moral turpitude, and given that he is now a convicted felon, I think USCIS are very likely to give him a free flight home.
 
I personally think Joe will not (and should not) be able to naturalise. However, run this by an experience lawyer since he spent time in a military jail and not a state/federal penitentiary.
 
Triple Citizen said:
I personally think Joe will not (and should not) be able to naturalise. However, run this by an experience lawyer since he spent time in a military jail and not a state/federal penitentiary.
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Its certainly wise to check with a lawyer, but however you look at it, a dishonorable discharge (which I presume is what he got) is equivalent to a felony.
 
Flydog said:
I believe Joe should be saving up for a lawyer. He hasn't been deported?
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I forgot to mention, Joe was not deported(yet), but his wife and kid is on the process of immigrating here in the states. What if, before Joe's green card expires, his family came here, are there any give aways on his case?
 
Interesting situation, but a sorry one for Joe surely.

I was just going ask-

what if Joe (who likely should have been deported on the felony charges), manages to marry a US citizen. Does that make him eligible for another chance for the legal residence?
 
ny11023 said:
Interesting situation, but a sorry one for Joe surely.

I was just going ask-

what if Joe (who likely should have been deported on the felony charges), manages to marry a US citizen. Does that make him eligible for another chance for the legal residence?
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Considering Joe's already married to a foreign national, that would probably make his situation even worse....:D

But if Joe gets divorced and then marries a US citizen, he still wouldn't be able to naturalize, but may be able to hang on to his green card.
 
thrillah1 said:
Ladies and Gentlemen,

I have a friend in dire need of any advice that could help. We'll just call him Joe for now. Joe entered the U.S. in February 1998 and is a green card holder(Legal Resident Alien). Joe joined the military in March 1999 but unfortunately got in trouble and was convicted of a felony on December 2003. He served time in a military prison for 13 months and was released to civilian world on December 2004.

Joe's felony was Larceny, Buying and Selling stolen goods and conceiling stolen goods (All of it is not so serious but considered a felony). Considering Joe's Green card expires on February of 2008, Can Joe apply for U.S. Citizenship?

Thank you!!!
Click to expand...
First of all there are two issues:

1. Preserving Green Card. Since he has been convicted of a Felony, there are serious implications when he tries to renew his GC in 2008. Remember, one has to give Finger Prints during GC renewal and there is a Criminal Background check.

2. Naturalization. Depending on whether he gets deported or not we come to Naturalization. Certain crimes are considered permanent bars and one cannot Naturalize. For example: Being convicted of Murder. Some other convictions are considered temporary bars and one has to wait 5 years after the prison sentence to apply.

My Advice: Have Joe talk to an experienced Immigration Lawyer who specializes in Criminal aspect of immigration and set up a phone consultation.

Note: Most people on this web forum, including myself, are not competent enough to answer this question completely. Do not base further action based on advice on this web forum. Talk to a lawyer immediately.
 
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