Naturalization with Convictions

#1
Hi, hope I can get some answers here as I've been given different answers from different attorneys and I really am confused about the whole situation.

I've been here since 1990 as a permanent resident. I had been arrested twice for controlled substance under 2 grams and a few times with possession of cannabis under 30 grams and paraphernalia which were misdemeanors around 2002 and 2003. I applied for naturalization back in 2007 and was told at the interview I should have consulted an attorney before filing for naturalization and I can be deported because I've applied for citizenship. I received a letter 3 years later and it just stated I was denied for naturalization due to not being a person with good moral character and have not been deported so Im still here in the US and I've even got my green card renewed until 2028. I've been trying to debate and understand if I should apply for citizenship again since I've been out of trouble for more than 15 years and have turned my life around. From what Ive read i should be ok to apply however I've been told by three different attorneys that i shouldn't and two say I should be ok. Thanks in advance to anyone that can possibly assist me.
 
#3
Yes, several attorneys. I paid for 3 of them and 2 of them gave me the info without a consultation. All but one told me if I applied during this administration it would be foolish and I would basically get deported. They said to wait until the immigration situation is in better hands and someone more lenient in possibly understanding that it was a long time ago and I've stayed clean since 2004. The law does state since I have more than one conviction and it's not for a marijuana possession that I should be deported. I still have my green card which expires in 2027 so I'm good unless I apply for naturalization or apply for green card renewal.
 
#5
I almost got deported 12 years ago because with a green card I am only here on a basis of I will abide by the law of this country and if I do break them they have the right to remove me and send me back to my country of birth. I thought it was unfair but I read the laws and contacted enough people to find out I could have easily been deported 12 years ago and I was at the mercy of my interviewer and that's the only reason I am still here. As they get stricter on immigration laws I do fear what the future holds when I do apply for anything.
 
#6
Yes, now it makes sense for me.
Right now I am charged with assault. I do not know how long these cases continue. Do you know any other similar active forum like this that I can ask my questions?
 
#8
No I am here because I was arrested before my Oath Ceremony. I was very close to get citizenship and now I am in a position to lose my job, GC and even go to Jail. I was falsely accused but it takes time to be cleared. I can not even rent apartments now with the arrest and assault charges. I am very down at the moment.
 

Jbuff

Active Member
#9
Hi, hope I can get some answers here as I've been given different answers from different attorneys and I really am confused about the whole situation.

I've been here since 1990 as a permanent resident. I had been arrested twice for controlled substance under 2 grams and a few times with possession of cannabis under 30 grams and paraphernalia which were misdemeanors around 2002 and 2003. I applied for naturalization back in 2007 and was told at the interview I should have consulted an attorney before filing for naturalization and I can be deported because I've applied for citizenship. I received a letter 3 years later and it just stated I was denied for naturalization due to not being a person with good moral character and have not been deported so Im still here in the US and I've even got my green card renewed until 2028. I've been trying to debate and understand if I should apply for citizenship again since I've been out of trouble for more than 15 years and have turned my life around. From what Ive read i should be ok to apply however I've been told by three different attorneys that i shouldn't and two say I should be ok. Thanks in advance to anyone that can possibly assist me.
You could've been deported because you applied for citizenship a mere 4 years after the last arrest. They need 5 years of good moral conduct. That is why the interviewer probably mentioned you seeking counsel before applying.

Ask yourself this if you were still in danger of getting deported they would've placed you in removal proceedings when you renewed your GC last year based on it expiring 2028. I assume you renewed in 2018.

You need to display 5 years of GMC it's been 15 years
If it makes you feel better get an immigration attorney that's willing to work with you and put your mind at ease.

The crap about waiting for a better government is funny because who's to say the next administration will be any different?
 
#10
I did contact several attorneys and they all said since the convictions are felonies and are controlled substance there's no 5 year GMC period. Its listed under their laws for removal. That law does not state anything about waiting 5 years.

As far as waiting for a better administration is just wishful thinking but the current one has been very effective in immigration and deportation proceedings therefore it doesn't make any sense to apply for anything. The attorneys did state the renewal for GC is not as strict as it is for citizenship.
 

Jbuff

Active Member
#11
I did contact several attorneys and they all said since the convictions are felonies and are controlled substance there's no 5 year GMC period. Its listed under their laws for removal. That law does not state anything about waiting 5 years.

As far as waiting for a better administration is just wishful thinking but the current one has been very effective in immigration and deportation proceedings therefore it doesn't make any sense to apply for anything. The attorneys did state the renewal for GC is not as strict as it is for citizenship.
Did you list the arrests in your GC renewal application?
 
#12
I'm pretty sure I did. I had an attorney file the renewal for me. She did go over the dispositions of the cases and they called me in to go through finger printing and within 4 weeks I got the renewed Green card.
 

Jbuff

Active Member
#13
I'm pretty sure I did. I had an attorney file the renewal for me. She did go over the dispositions of the cases and they called me in to go through finger printing and within 4 weeks I got the renewed Green card.
I've known ppl that applied for GC renewal and got deported. Being deemed inadmissible or DEPORTABLE is exactly that. No such thing as GC renewal isn't as strick. You might not be eligible to be a citizen and get denied but being deportable is exactly that. You get put infront of an Immigration judge and still get a chance to plea your case
If you live in at the same address I can promise you it's the same Center you would be going for your biometrics as you did for your GC renewal.


I'm no lawyer. What you're saying basically is if you're deportabe and apply for a GC application /renewal they will give it to you and turn a blind eye to you being DEPORTABLE but if applied for citizenship only then they would deport you?
The 5 year GMC you have some automatic bars Eg Murder and aggravate assaults. You would have been deported from the time your sentence was finished.
You really think you could've renewed your GC if you're DEPORTABLE???

The lawyer that you used for the GC application. Is that lawyer one of the lawyers advising you not to file for citizenship?

Peace of mind does cost. Get you a lawyer take in all your paper work pertaining to your Case have them go over it. A phone call or a 5 min meeting with you saying. Hey I was convicted 15 years ago for controlled substances and you just getting a reply oh you're DEPORTABLE.
 
#14
Do you know of any attorneys that are good. I understand good means expensive and I don't mind spending some money to obtain Citizenship. I talked to at least 5 attorneys and I paid 3 of them to look over all my cases and all 3 said the same thing. My convictions are from when I was 18 to 21 for possession of controlled substance and a couple from possession of cannabis. No trafficking or anything violent. The actual arrests occurred in between 2001 to 2003 and the cases were all closed out by 2006 for time served and finished a drug program that required rehab and a strict drug testing for 24 months. I've been clean since 2004 and have only had minor traffic violations since. I wasn't saying you were wrong or anything just what the attorneys told me. My only guess is they've probably all scared anyone with this type of record away and have never actually tried to fight it in front of an immigration judge. The other two that I did not pay just recommended I stay happy where I'm at and don't bother bringing attention to myself to immigration.
 

Jbuff

Active Member
#15
Do you know of any attorneys that are good. I understand good means expensive and I don't mind spending some money to obtain Citizenship. I talked to at least 5 attorneys and I paid 3 of them to look over all my cases and all 3 said the same thing. My convictions are from when I was 18 to 21 for possession of controlled substance and a couple from possession of cannabis. No trafficking or anything violent. The actual arrests occurred in between 2001 to 2003 and the cases were all closed out by 2006 for time served and finished a drug program that required rehab and a strict drug testing for 24 months. I've been clean since 2004 and have only had minor traffic violations since. I wasn't saying you were wrong or anything just what the attorneys told me. My only guess is they've probably all scared anyone with this type of record away and have never actually tried to fight it in front of an immigration judge. The other two that I did not pay just recommended I stay happy where I'm at and don't bother bringing attention to myself to immigration.
I live in NJ. If you're in NJ yes. If not you're gonna need an attorney in whatever state youre in.
 
#16
You could've been deported because you applied for citizenship a mere 4 years after the last arrest. They need 5 years of good moral conduct. That is why the interviewer probably mentioned you seeking counsel before applying.
Sorry for jumping in the conversation. I wanted to ask you if someone gets arrested and then after the trials cleared with no convictions, does she still need to wait for 5 more years? Or right after she gets the disposition, she can reapply for naturalization?
 

Jbuff

Active Member
#17
Sorry for jumping in the conversation. I wanted to ask you if someone gets arrested and then after the trials cleared with no convictions, does she still need to wait for 5 more years? Or right after she gets the disposition, she can reapply for naturalization?
Can Reapply after you get Disposition.
 
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