Convicted Felon Thinking of Applying for Citizenship

I

iamghost

New Member
Hello,

5 years ago I was convicted in federal court for crimes in connection with computers and fraud. I was under removal proceedings with Immigration, but since my crime was less than $10,000.00 in fraud, I was not deported (I fought on the basis of 1101(a)(43)(M)(i) as my crime did not qualify for an aggravated felony)

Any suggestions or guidance. I have contacted an attorney and will be contacting a few more but just wanted to see if anyone has any experience or suggestions.

Thanks
 
As a minimum, your conviction would need to have occurred outside the 5yr CIMT period, and you'd also need to be clear of any remaining probationary period etc, etc.

Consult a good immigration lawyer with criminal defense experience. This isn't a particularly common question, so most anything suggested here is likely to be speculative at best.
 
Only the very best lawyer will do in your case. This is one issue where the amount of money spent on lawyers shouldn't be an issue.

Start by getting consultations from different lawyers, if they all sound the same
then you can take the chance.
 
For sure, wait for 5 years from sentencing time & then apply if you are eligible otherwise.

Don't apply even 1 day before & trigger any inadmissability issues.
Be prepared & very likely having an attorney is a good idea.
 
iamghost said:
Hello,

5 years ago I was convicted in federal court for crimes in connection with computers and fraud. I was under removal proceedings with Immigration, but since my crime was less than $10,000.00 in fraud, I was not deported (I fought on the basis of 1101(a)(43)(M)(i) as my crime did not qualify for an aggravated felony)

Any suggestions or guidance. I have contacted an attorney and will be contacting a few more but just wanted to see if anyone has any experience or suggestions.

Thanks
Click to expand...

Since you say that the loss to the victim was less than $10K when you defrauded the victim then this is the sole reason you were not deported. And since your conviction was 5 yrs ago then you can file for citizenship. However, keep it in mind that though USCIS normally looks back to only 5 yrs history on applicants to determine their moral character, but they could go back to as many years as they like to. But I doubt that will go back more than 5 yrs history in your case unless you have other convictions even if they are misdemanors...

Also, make sure to answer everything truthfully on your application, including the question that you were placed on a removal proceeding. One thing for sure that they cannot place you on deportation again based upon the said conviction, nor they could negatively decide your N-400 if you don't have any other convictions (and negative factors) on your record.

Good luck...
 
Guys,

Thanks for the great responses so far! I will be getting an attorney however, I wanted to do my homework before approaching one. I am probably going to wait another year before I file as I want to make sure the 5 years are after the end of my sentencing rather than beginning of sentencing.

My only concern is the proper definition of "good moral character". Although what I did was in fact a crime, but as per the law it did not fall into the category of aggravated felony.

Also, as someone pointed that that they cannot place me on deportation. I am not too certain on that. While in immigration custody, I met many people who weren't there the first time. And the reason I am certain is because I often consulted with folks who were doing research on their own cases so I knew what their case was about. It does fall under double jeopardy but in immigration people were waiting 3-5 years before their case was called in Federal Court for review.

Sucks if you commit a crime (specially for those for whom its a mistake) they have to suffer more than career criminals. Whether that be immigration or in general.
 
hi johnnycash
please help, i know i had ask this question already , but anyway been in US for almost 11years and now i decided to go ahead and apply for citizenship cause of my son he got her last year2006 so he can benefit to become a citizens thrue me but then i paused and question myself would i be denied? anyway i got arrested last year 2006 but not convicted i was given AR(accelerated rehabiltion)for a year, i did not have to anything just to stay out of trouble and it was dismiss july2007.
i ask my lawyer if would it be problem when i apply for citizenship he said no and the same thing on one immigration lawyer. he said i should be fine do you thinnk he was right?and one of the member here told me that by immigration law diversion is convicted is this true? please help me clear my mind im confuse. thanks
 
roset96 said:
do i have to have a lawyer? for this
Click to expand...

I know some folks think (obviously mistakenly) that hiring/retaining/having a lawyer or taking the lawyer to the interview will make everything OKAY, which is NOT true at all. Lawyers can certainly come with some "creative defenses" in their answer/response to problematic situation, but they cannot override laws to make things go away. However, it's always better to seek lawyers opinions if someone has a problematic situation.

What were you charged for? Did you EVER appear in front of Judge for such charge? If so, did you plead anything? Was the diversion program the part of plea deal?

The reason I'm asking you all these questions is because even though someone is NOT convicted in a court of law, USCIS could still find the person guilty of committing the crime by mere admission of crime. However, whether someone will be deported or not on a diversion program depends on the nature of crime charged for and the sentence would have been imposed if the person would have been sentenced for such crime....

Just you to know...Almost everyone who wants to become a US citizen has a reason to become a US citizen. So, you to say about your son or whatever other reason means nothing to USCIS nor to anyone. Also, it doesn't matter how long you have been living in this country because Govt could still deport you at anytime if you are not a US citizen if you are found deportable. Therefore, don't be rush in filing citizenship application without figuring out risk factors; otherwise you could not only lose your Green Card but also be deported....
 
breach of peace
assault of third degree
yes i was infront of a judge
i did not plead for anything
by the way i reside in the state of CONNECTICUT
thank you very much
 
A. Federal pre-plea diversion
The federal government operates a Pretrial Diversion Program for certain individuals
arrested on federal charges.9 To participate in the federal program, eligible individuals must
waive their rights to a speedy trial and presentment of their cases within the statute of limitations,
and must enter into a pretrial diversion agreement. They are not required to admit their guilt or
formally plead guilty. Successful completion of program requirements will result in the
dismissal of charges.


Connecticut: Connecticut law provides a number of pretrial disposition programs that do
not require the defendant to plead guilty or to admit sufficient facts to warrant a finding of guilt,
and which will therefore not count as a “conviction” for immigration purposes. Such programs
include, but are not limited to: (a) Accelerated Pretrial Rehabilitation, for certain low-level
offenses (including some felonies under certain circumstances), Conn. Gen. Stat. § 54-56e; (b)
Pretrial Family Violence Education Program, for certain low-level family violence offenses
(including some felonies under certain circumstances), Conn. Gen. Stat. § 46b-38c(g); (c) Pretrial
School Violence Prevention Program, for certain offenses committed by students under
certain circumstances, Conn. Gen. Stat. § 54-56j; (d) Pretrial Alcohol Education System, for
certain offenses related to the operation of a motor vehicle or vessel while under the influence of
alcohol or drugs, Conn. Gen. Stat. § 54-56g; (e) Pretrial Drug Education Program, for certain
drug offenses, Conn. Gen. Stat. § 54-56i.
 
Hopefully USCIS will see things the same way. If you do decide to apply for N-400, please keep us posted how the interview works out.
 
i contact a few immigration lawyer each of them told me that it would be okay, they said it depends on IO, but i decided to apply next year, thanks for the help i appreciate it hopefully i research the right article about ct. again thanks
 
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