Crime And Citizenship???

N

NYC400

Registered Users (C)
I have a friend who plead guilty on some crime after spending 18months in prison awaiting trial.It had to do with some conspiracy to import drugs.

He got time served and 2yrs probation.And he swear that at sometime he can get is citizenship.

My advice to him was get his act 2gether..because when 2007 comes and his greencard expire,they will certainly not renew it and deprot him.

Was that a wrong advice??? :confused: :confused: :confused:
 
there is no renewal of permanent resident status. he will be able to get a replacement card as they don't do criminal background checks when one applies for a new one. i think any application for citizenship will be denied at this time and may also result in removal proceedings being initiated. He should at least wait 5 yrs since the commission of the offense he pled guilty too. In the meantime if his offense remains undetected by immigration, his permanent resident status will continue indefinitely.
 
stallion4949 said:
there is no renewal of permanent resident status. he will be able to get a replacement card as they don't do criminal background checks when one applies for a new one. i think any application for citizenship will be denied at this time and may also result in removal proceedings being initiated. He should at least wait 5 yrs since the commission of the offense he pled guilty too. In the meantime if his offense remains undetected by immigration, his permanent resident status will continue indefinitely.
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Ok,no background check is required GC replacement...Thank You.

So,even if he is on probation and the INS detect he has been convicted,would they still send him back eventhough he is on probation?
 
Ok,no background check is required GC replacement...Thank You.

So,even if he is on probation and the INS detect he has been convicted,would they still send him back eventhough he is on probation?


Yes, if immigration detects his offense he could have a problem, but typically something like this would only come to their attention when he applies for some type of benefit i.e. apply for citizenship. Immigration also often has officers at jails, however it appears he escaped their attention while incarcerated.
 
stallion4949 said:
Yes, if immigration detects his offense he could have a problem, but typically something like this would only come to their attention when he applies for some type of benefit i.e. apply for citizenship.
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From what you have said, I wonder if it applies to the following case:
If one is CONVICTED of a disorderly persons offense (shoplifting or some other offense of that nature) and goes to CZ interview soon after, is there a chance that USCIS will start removal proceedings against that person?

In other words, if a person is convicted of a disorderly persons offense, is it better to withdraw the Citizenship application before CZ interview as opposed to wait for the Interviewing officer to make a decision? Am I right in thinking that if CZ application is w/drawn even in the middle of the process, then USCIS will not initiate any proceedings against the applicant?
 
Yes, if one has been convicted of any jailable offense (whether or not one actually received a jail sentence) they put themselves at risk of removal proceedings if they bring themselves to the attention of immigration, i.e. apply for citizenship. However, in many of these cases it may still be possible to proceed successfully with a citizenship application (depending on nature of offense), however it is advisable to proceed with guidance of an attorney. As far as withdrawing a pending application, i would consult an attorney to see if it is advisable under the specific circumstances of a case. However, if fingerprints have already been submitted by the applicant, he may have already raised a red flag against himself as the arrest will likely come to the attention of immigration.
 
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