Aggravated Felonies will keep you from getting your citizenship...!

 

LAWFUL PERMANENT RESIDENTS WITH CRIMINAL RECORDS SHOULD CONSIDER THE FOLLOWING BEFORE APPLYING FOR UNITED STATES CITIZENSHIP

As discussed on my previous blog posting, lawful permanent resident who has ever been arrested and charged with a crime, should proceed carefully when applying for naturalization as a United States citizen. It is also recommended that you consult with an immigration attorney just to make sure that removal proceedings are not started against you one you bring to light your criminal background to USCIS. An experience attorney who knows and understand the law, can help paint the picture in a better light avoiding the Bureau of Citizenship and Immigration Services ("BCIS") placing a permanent resident in removal proceedings which in the past it was called deportation proceeding. 

Once it is determined that process will go smoothly and it can be done without the assistant of an experienced attorney, give affordablelegalpapers.com a call at (954) 254-5883 and we will be glad to assist you with your translation and application forms.

　

Recently we discussed the nature of Moral Crimes and being that this is an important topic with many variables, we will discuss in detail the issue of Aggravated felonies in detail.

* AGGRAVATED FELONIES DEPORTABILITY

A Lawful Resident may face removal proceedings if convicted of one of the following "aggravated felo" crimes:

-- Murder, rape, or sexual abuse of a minor (including not only such

felo offenses but possibly also misdemeanor sexual abuse involving a

minor)

-- Illicit trafficking in a controlled substance (including felo drug sale

offenses, and possibly also including felo drug possession offenses, as

well as misdemeanor sale or second or subsequent misdemeanor possession

offenses)

-- Illicit trafficking in firearms or destructive devices, or in explosive

Materials

-- Certain specified money laundering offenses or unlawful monetary transaction offenses
PLUS amount of funds involved exceeded $10,000

-- Certain specified offenses relating to explosive materials or firearms

-- A crime of violence PLUS sentence of imprisonment of at least one year

-- A theft offense (including receipt of stolen property) or a burglary offense

PLUS sentence of imprisonment of at least one year

-- Certain specified ransom-related offenses

-- Certain specified child pornography offenses

-- Certain specified racketeering or gambling offenses

-- An offense that relates to the owning, controlling, managing, or supervising of a prostitution business or certain offenses relating to prostitution, peonage, slavery, and involuntary servitude
-- Certain specified national security offenses

-- An offense that involves fraud or deceit PLUS loss to the victim(s)

exceeds $10,000 OR an offense that is described in section 7201 of the

Internal Revenue Code of 1986 PLUS revenue loss to the Government

exceeds $10,000

-- Certain specified alien smuggling offenses

-- Certain specified illegal entry or reentry offenses

-- Certain specified passport or document fraud offenses PLUS sentence of

imprisonment of at least 12 months

-- Failure to appear for service of a criminal sentence if the underlying offense is punishable by a term of imprisonment of at least 5 years

-- Commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered  plus sentences of imprisonment of at least one year
LUS sentence of

-- Obstruction of justice, perjury or subornation of perjury, or bribery of a witness,
,PLUS sentence of imprisonment of at least one year

-- Failure to appear to answer to or dispose of a charge of a felo for which a sentence of at least 2 years' imprisonment may be imposed.


* OTHER CRIMINAL CONVICTION DEPORTABILITY Even if a conviction does not constitute an "aggravated felo," a lawful permanent resident may also be placed in removal proceedings (in some cases, with some possibility of relief from removal and, in other cases, with no prospect of relief) if he or she has ever been convicted of the following:

-- One crime involving moral turpitude ("CIMT") committed within 5 years after admission (the "crime involving moral turpitude" term includes crimes in different offense categories, e.g.,

(1) crimes in which either an intent to steal or to defraud is an element (such as theft and forgery offenses but probably not criminal trespass, except possibly for criminal trespass in the
first degree where weapons are involved).

(2) crimes in which bodily harm is caused or threatened by an intentional or willful act, or serious bodily harm is caused or threatened by a reckless act (such as murder, rape, and certain manslaughter and assault offenses)

  (3) most sex offenses
It is important to point out that within 5 years after admission to make an individual deportable, the offense must be one for which a sentence of one year of longer may be imposed.

-- Two crimes involving moral turpitude committed at a time Will make a Lawful Resident deportable regardless of potential sentence;
therefore, this deportation ground may include not only felo and Class A misdemeanor CIMTs but also even low level Class B misdemeanors, such as prostitution.

-- A controlled substance offense (other than a single offense of possession for one's own use of 30 grams or less of marijuana)
-- A firearm or destructive device offense (could include crimes that include, as an element of the crime, use or possession of a firearm or dangerous weapon, such as certain assault and robbery charges)

-- Certain crimes of domestic violence, stalking, or child abuse, neglect, or abandonment
(overlaps with the deportation ground for crimes involving moral

turpitude but note that this ground may trigger deportability for a permanent resident who committed one such crime over 5 years after admission who would have been deportable under the CIMT ground only if convicted of two CIMTs)

-- Certain miscellaneous offenses (such as certain national security offenses,
certain immigration crimes, and high-speed flight from an immigration checkpoint)

Bottom line it is uncertain to what extent the Immigration and Naturalization Serivce will initiate removal proceedings against such individuals who apply for citizenship but definitely the agency has the authority to do so based on the opinion of the Officer reviewing your case.

The purpose of this blog is to provide information that is useful to the community. Affordable Legal Papers is not a law office and does not provide legal advice.

by Dorys Martinez
Affordable Legal Papers