Legal Question in Immigration Law in New York

How can I become an US Citizen if I have a drug related misdemeanor

About 5 years ago, I was arrested for a drug related misdemeanor, i.e. criminal facilitation 4th. degre. At the time of the arrest, I changed my name, age, social security number and other basic information.

Eventually, I pleaded guilty to the charge and was given a year of liberty under my own recognizance and a five dollars fine. Afterwards, I have never had any other problem with the law(either before, not even in Italy). At this moment, I would like to become a US citizens and I am affraid to get in trouble with the INS. Can you tell me if there is any loophole, excuse or strategy to avoid being deported in the event that they find out.

Sincerely,

4-6-2000


Asked on 4/06/00, 9:02 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: How can I become an US Citizen if I have a drug related misdemeanor

Don't apply! Since your conviction is drug-related, you are deportable. That means the INS will begin removal (deportation) proceedings in immigration court against you if you apply for citizenship. The INS will find out for sure about your conviction because of the fingerprint checks. By the way, the changing of your identity does not look good either to the INS.

Worse, since the facilitation crime is arguably a crime involving illicit trafficking of a controlled substance, your conviction is classified as an "aggravated felony" under federal immigration laws. I assume you are a permanent resident (have green card) right now. As an aggravated felon, you would not qualify for cancellation of removal in the court proceedings.

I'm not a NY lawyer, and so not too familiar with the crime of facilitation. If that crime is not considered illicit trafficking, then you might have a chance at the cancellation of removal (assuming you meet certain residency requirements as a permanent resident).

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Answered on 4/21/00, 8:27 pm


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