can I apply for Citizenship after removal proceeding ?

P

picolo

New Member
Hi

I hope someone here can help me, I came to the US in Dec-1987 as Legal Permanent Resident, around 1994-1995 I was arrest for writting few bad check and also charge with Attempted Criminal Procession of Forge Instrument in a second degree, a violation of section 110/170.25 Of New York State Penal Law, because of this I was sentence one year in the county jail, however I only served only 10 months.

Because of that I was served with NTA for Removal proceeding in 2003 while travel back to the US from vacation. The US Custom and Border protection took my Green card and order me to appear before the Immigration Judge.

I won the case recently with final order from Immigration Judge for Cancellation of Removal under section 212c. I am now a Legal permanent Resident again per judge final order and I am still in the process schedule to get my Green card back.

my questions is can I apply for Citizenship or I am not going to be eligible for Citizenship ?
 
Hard to say - my guess is the answer depends on the circumstances of how you won your case. Since it is unlikely your original convictions were overturned, I suspect you may not be eligible. However, the longer you wait, the further back these problems were, and the easier time you'll have proving you've been good since then.
 
Yes boatbod is right. Unless you are in urgent need to become a citizen. You have your spouse or parents whom you have intentions to sponsor then that's a different story. If you can wait, that will be the best way. This way you will let the time go by and prove yourself to be a good resident. This way you will have a good chance of getting US citizenship. Good Luck.
 
I guest I will have to wait and stay out of trouble.... as far as I know the crime been committed more then 10 years ago.......but I guest 20 wouldn't hurt me as long as I stay out of trouble
 
A good place to start would be to ask your lawyer (assuming you had one for your deportation case). This is obviously more complicated than what most folks on this board with deal with and probably beyond our knowledge as well...
 
1caliN400 said:
A good place to start would be to ask your lawyer (assuming you had one for your deportation case). This is obviously more complicated than what most folks on this board with deal with and probably beyond our knowledge as well...
Click to expand...

Yes I do have one for my removal proceeding case, but lawyer is very incompetent as far as I can tell, I almost fire him in the middle of removal proceeding case. I had to do research for the most law and advice him on certain thing on the case.

His paralegal seem to understand and know more then he does, he kept sent me a cookies cuter request item, it look like it a pre-list draft item, and he keep used it over and over again to sent to me to requested documents that I don't have. I keep have to explain to him that my case is different, not all the document he need will be available and I told him DHS already know about this. He volunteer document to the judge when IJ is not even ask for it, and when I gave him the paper he never read to see what it say, he disregard it, never hand in the paper as judge requested. He also didn't know or sure what better choice for my case until the DHS attorney tell him which better for my case......so I am not going to use this guy again for my Citizenship
 
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My understanding is you need to shop around for an immigration lawyer specializing in the specific type of problem that you face. A lawyer expert in residency problems (for example) may not be the best person to represent someone with moral turpitude issues. Keep searching and eventually you'll find one you can work with.
 
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