Legal Question in Immigration Law in New York
Felony Charges when on Green Card in USA
I have a Green Card. I am charged of felony due to bribing of a government officer and the charges are reduced to Misdeamenor. How will it effect my immigration status. Can I apply for USA Citizenship?
3 Answers from Attorneys
Re: Felony Charges when on Green Card in USA
While you do not provide sufficient information on the crime you were charged with and convicted, generally bribery crimes are classified as crimes involving moral turpitude (CIMT). CIMT can make the person deportable and inadmissible so that travel outside the U.S. becomes very risky.
As far as naturalization is concerned, you would have to prove that you possess of good moral character and CIMT committed in the last 5 years or any aggravated felony (it does not matter whether the crime you were convicted of was technically a misdemeanor under state law -- crimes against the government and bribery crimes all come under this term) would typically preclude such a finding.
Bottom line: you need to have your entire criminal history reviewed by an immigration attorney to determine exactly what immigration consequences your convictions (and admissions of crimes) have and then what, if anything, can be rectified. Do not file anything with USCIS on your own without having received qualified immigration advice.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
Re: Felony Charges when on Green Card in USA
You should definitely consult with an immigration attorney, since criminal history--even if old--can affect your chance of becoming a citizen. Even if the conviction is a misdemeanor, the U.S.C.I.S. can use that against you to deny citizenship.
However, many times, the USCIS is WRONG in denying citizenship to people with criminal history. Their interpretation of the law must be fought.
Our firm has extensive experience with citizenship issues involving criminal history. Feel free to call us to see if we can help you determine whether your citizenship application would be affected by the past.
Best wishes!
Re: Felony Charges when on Green Card in USA
This is a regular question I encounter in my practice. I have been very successful in steering my clients through this problem.
1. While a misdemeanor is MUCH better for your purpose (citizenship) than a felony, the type of crime is very important.
2. The law looks to crimes bearing on character. That means that a 'one-time' offense will be less significant than a second offense for the same thing.
'Bribing a government officer' is a broad category and with more information I can give you a better answer.
You are welcome to email me with more details and I can be more specific with my answer (still for no fee).
Generally, a skillful attorney can work out most problems for a successful outcome of an approved citizenship. This is a problem that can be solved.
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