Legal Question in Immigration Law in New York

Can I get a US Citizenship if I was convicted of a state felony

I would like to find out if I can become a USA citizen if i was convicted of a state felony.

Crime of offense for which convicted

Penal Law 220.06

Supreme Court of the State of New York ( Kings County )

I was sentensed to 5 years of probation.

Is it possible for me to get a USA citizenship. Will I be cosidered a good moral carecter.

Thank you for your help.


Asked on 5/13/05, 12:24 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Can I get a US Citizenship if I was convicted of a state felony

It is not possible to answer your question without a review of your entire file. However, there is a good risk that your felony drug possession conviction would constitute an "aggravated felony crime," which automatically bars the person from naturalization as a U.S. citizen. Even if it does not, most controlled substance crimes could subject the applicant for naturalization to removal if USCIS decides to pursue deportation once the conviction is discovered. Once in removal, the applicant may not be able to pursue his petition, may not be able to obtain relief from removal and may end up being deported instead of getting U.S. citizenship. Therefore it is extremely risky to apply for naturalization without a full understanding of the consequences of the application in light of any criminal history, especially drug-related crimes. You should seek an immigration attorney's help before filing anything with the government.

This reply is in the nature of general information, is not legal advice and should not be relied upon as such.

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Answered on 5/13/05, 1:39 pm


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