Legal Question in Immigration Law in California
Criminal Record for Legal Resident
My brother is a legal resident (who hasn't updated/renewed his greencard since 1982). Five years ago he pleaded guilty to 5 felony counts of possession with intent to sell (marajuana). He completed his probation and made the necessary restitution. He did not serve time. He recently applied to have his record cleared but got a reply back from the county that they could not locate his California criminal history and that he should call the Justice Department for a printout. I called the number they provided and, without asking for my name or my brother's, the admin transferred me to someone dealing with visas and immigration. I did not leave a message and got worried. I did a background check for him and his California criminal history showed up (he's only had a criminal record in CA).
1. Should I be concerned about being transferred to the immigration section of the Justice Dept. or was it probably a fluke? He needs to get his record cleared.
2. My sister heard on the news that Bush passed a law last year, that if anyone serves in the Armed Forces, they would automatically become citizens. Is this true? If so, is it a possibility for my brother who has a criminal record?
Thanks.
2 Answers from Attorneys
Re: Criminal Record for Legal Resident
Your brother's conviction may create problems for him as he may be removed from the U.S. as having been convicted of a crime of moral turpitude, multiple criminal convictions or possibly aggravated felony even though he did not actually serve time. Unfortunately, expunging the conviction would have little to no value for immigration purposes, and he would likely have to find an attorney to try to have the conviction vacated.
As far as naturalization is concerned, those who have served in the armed forces for at least 3 years and are currently in the armed forces (or within 6 months of an honorable discharge) may apply for naturalization. However, to be able to naturalize, one would need to show his or her good moral character. Your brother will have issues with this requirement because of the conviction.
The only advice I can give is that you should schedule a consultation with an attorney. I recommend that you find someone with extensive experience in handling post-conviction criminal relief.
Re: Criminal Record for Legal Resident
Your brother is very much deportable...not only that after a landmark decision by Supreme court last week...if your brother is detained by INS ..he will not get bond. You must also know that getting criminal record expunged not necessarily...makes him having good moral character in the eyes of INS. Please take a look at my site at www.lawyers.com/amyghosh
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