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I am a green card holder and going to apply N-400, I owe las vegas casino $135000. The D.A made a criminal case against me which is felony. I went though O.R walk-though process and waitting for court date. Can I apply for citizenship during this time? What would happend to my petition?
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
An active felony case would make it difficult to show the requisite good moral character to have citizenship granted. A more immediate concern is that you not lose your permanent residency so it is important to have your criminal attorney coordinate with immigration counsel before agreeing to any plea to a felony.
Answered on Dec 29th, 2010 at 5:13 PM
William C. Gosnell
You must hire a Criminal Defense lawyer to fight the Theft case since these felonies are grounds for removal.
Answered on Dec 29th, 2010 at 6:58 AM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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You are not eligible to file for naturalization if you are on probation or a case is ongoing. Better consult with an immigration attorney who can work with your criminal law attorney. The attorney will need a copy of the complaint with the exact section of the penal code at issue, and the police report. Laws relating to immigration and criminal laws are very complex. A plea under a certain section of the law can either save you from deportation or make you safe from it. MOst criminal law attorneys do not understand immigration law enough: the deal could be good for an American citizen, but could be a desaster for a green card holder. Do not wait to enter a plea before consulting an immigration attorney.
Answered on Dec 28th, 2010 at 5:28 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
If you apply for Naturalization while the case is pending, the USCIS will not approve your case until the case is resolved. If convicted, even if the crime does not make your deportable, the USCIS will likely not approve it until your probation is over. I strongly recommend that you consult with an immigration attorney regarding your pending criminal matter since the outcome of the case could have serious immigration consequences, including being deported.
Answered on Dec 28th, 2010 at 2:43 PM