Legal Question in Immigration Law in Florida

Immigration law

If someone is currently being held in jail for federal drug charge and is a resident of florida(has a green card) but hasn't been convicted yet, can he try to become a citizen(b/c i look under applying for citizenship and it doesn't ask if you have been convicted of a felony) so he doesn't get deported? If not, can you tell me what can be done so he doesn't get deported?


Asked on 3/13/07, 8:28 pm

1 Answer from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Immigration law

The problem you are facing in order to apply for citizenship right now is not that he has been convicted, but rather that he has been arrested (which must be reported).

Assuming he walks away from this situation without any conviction whatsoever, the fact that he has been arrested keeps his situation in limbo regarding whether or not he has an aggravated felony or a crime involving moral turpitude on his record, which would bar him from citizenship (good moral character test) and possibly result in his removal from the United States.

It is important to retain an immigration attorney familiar with criminal defense law to ensure the best possible outcome for his future immigration plans. Please contact us immediately to discuss everything.

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Answered on 3/13/07, 8:54 pm


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