Legal Question in Immigration Law in Florida

Re: New Immigration law

Yes, someone can be deported during their citizenship interview if a removable criminal offense comes to light. I strongly suggest that she have the full criminal court file reviewed by an attorney prior to her naturalization interview. Please let me know if I can be of more help.

Re: New Immigration law

There is no such thing as a deportation without a hearing before the Immigration Judge. If your question concerns the possibility of the initiation of the removal proceedings, then the answer is positive. The Removal Proceedings could be started as a result of the naturalization interview because the whole file is reviewed at the time of the interview and the conviction, of course, will come to light. I would recommend to consult an immigration attorney with a copy of your criminal file before you file the application for naturalization. Keep in mind that the felony conviction could be a ground for mandatory detention. Do not raise any red flags if it is not necessary. Renewal of the green card could become such red flag as well. Also, you should consult a criminal attorney regarding the possibility of the lifting the plea or reversing the indictment. If it happens, you might be safe to naturalize. Good Luck!

Re: New Immigration law

If you had a felony over 20 years ago, depending on what it was, and you have good moral character since that time until your interview, it is possible that you just might be able to obtain citizenship -- just don't lie about it, okay? If the govt doesn't like the felony, sure, it could put you in removal proceedings, but it cannot simply deport you just like that! If the felony turns out to be an aggravated felony, then one can be detained in govt custody during the proceedings. I suggest that you have a good lawyer go over your application and conviction and determine whether applying for citizenship is feasible. If not, you can withdraw your application without penalty.