Legal Question in Immigration Law in New Jersey
Subject to Deportation/Denial of Citizenship
I have been a legal resident for 21 years. Applied for citizenship in August 2005. Had problems with wife who accused me of domestic violence a month later (October 2005) of my citizenship petition. At the time I filed for citizenship, my police records were impecable (no police/arrets records existed). A Temporary restraing order(TRO)was issued and two days later I violated it and a warrant for my arrest was issued. I voluntarily turned myself in, was procesed and released.The domestic violence charges were dismissed. However, I was charged with a fourth degree offense for violating the TRO but at trial it was reduced to a disorderly person and I plead guilty, but was not advise of the immigration consequences of my plead. I never had an issue with the law before. I have an interview on march 22, 2006 for the citizenship and I am afraid I may be detained and process for deportation. I have petition the court for a post-conviction relief as a result of not being advised of the immigration consequences of my plead, a hearing has been scheduled for march 24, 2006, 2 days after my citinzenship interviewAny. Any suggestions?
2 Answers from Attorneys
Re: Subject to Deportation/Denial of Citizenship
The whole issue boils down to whether or not you plead guilty to something which could be construed by the Federal Immigration authorities as either an Aggravated Felony ("AG") or a Crime of Moral Turpitude ("CIMT").
At first blush, it does not appear to be either, but you will certainly need competent Immigration Attorneys to scrutinize your criminal charges, trial transcripts if any, and conviction plea. If there is a need, we as your Immigration and Deportation Litigation Attorneys will try and coordinate a solution with the Criminal Defense attorney you hired, and possibly speak with the local Prosecutor's office to determine if you have any relief available, and if the conviction was indeed either an AG or a CIMT.
Merely guessing that it may not be is just not very intelligent under the circumstances.
If you were not fully advised of the immigration consequences to taking this plea by your criminal defense attorney, and the plea does have a material effect on your immigration status and results in deportation, there may be a great deal that our office can do for you with regards to either trying to vacate the original criminal conviction, or trying to amend the conviction so as to satisfy both the prosector's office and the Immigration authorities, so as not to result in your deportation.
We may also try and make your situation, after negotiation, research, and advice, amenable and agreeable to some type of criminal waiver which could you make you eligible for a Stay of Deportation or Cancellation of Removal should a deportation and removal proceeding present itself.
Please contact our office to speak with one of our knowledgeable Immigration and Deportation Litigation Attorneys.
Re: Subject to Deportation/Denial of Citizenship
If all you have against you is a disorderly persons then I do not expect you to have a problem with your naturalization. However, it is important that everything be disclosed to the interviewing officer which I suggest you take care of before your interview. Feel free to call me at the office and we'll sit down and see if you have a genuine reason for concern. I would definitely like to see your paperwork before giving you any specific advice. I do not want to jeopardize your case by not knowing all the facts.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
