Legal Question in Immigration Law in New York

Dear all, Hello, i have a few questions in regards to citizenship. Im an LPR, live here basically all my life im 33 years old, Im married to a US citizen since 97 and now separated but not divorced complicated story, we have a 13 year old kid together who lives with me, as well as my 80 year old moms who I take care of. I have always paid taxes and always had a job, im currently employ.

This are the following facts on my criminal history. 1. assault and robbery, charge with a felony in 96, the case was dismissed as they caught the actual guy who commited the crime. 2. drug felony charges in 2001, charges dropped and case dismissed. 3. DWI in 2002, I pleaded guilty to a misdemeanor, non-aggravated, no accident etc, all fines paid and programs completed. 4. 2009 another DWI I refused the test and I pleaded guilty to a misdemeanor, non aggravated, no accidents. Im still completing the programs.

My questions are, do i have chance for citizenship? would I be able to renew my LPR which expires in 7/2011? Should I worry about deportation? I have read many forums, lawyer websites, and many legal documents and for what i can see my chances are ok...

However, I was wondering if this felony cases that were dismissed would be a problem? I went not too long ago to get my dispositions from the court and they were not able to find them except for the DWI..

Im looking to retain immigration cousel after I complete the DDP program from the DMV. Any advised? any good lawyers I should look into? I have read so much into this that I can actually remember the penal codes for criminal and immigration laws.. thank you for your help jz


Asked on 10/13/09, 1:38 pm

2 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I could comment on it properly.

However, what I can say is that the only people who can make the final decision as to whether or not you can become a US citizen is the US Immigration Service. Their decision will be based on your the information gathered after they have carried out their own investigation.

My advice would be to go on and fill out the citizenship form and file it.

If you wish to discusss this in further detail feel free to call us at 212-553-9167.

Patricia Martin-Gibbons

Sent from my Verizon Wireless Blackberry

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Answered on 10/19/09, 1:41 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

Whether or not you may be eligible for Citizenship depeneds on whether any of your criminal cases are considered (by law or by case law) a felony and/or a crime of moral turpitude.

You should consult a lawyer in order to evaluate each one of your criminal cases and advise you what you will need to show in order to be eligible for citizenship.

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Answered on 10/19/09, 5:40 pm


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