QUESTION

Can I apply for citizenship and what is the likelihood to be approved?

Asked on Dec 26th, 2012 on Immigration - Michigan
More details to this question:
I am legal resident since September 2009 but somehow I was charged with possession of gambling devices. Case is settled with one misdemeanor charge, sentenced to nine-month probation and case is closed.
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5 ANSWERS

Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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Before you apply for citizenship, have your criminal case analyzed carefully. Otherwise, you might be put in removal proceedings and you can lose your green card.
Answered on Jan 04th, 2013 at 8:38 PM

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Rebecca T White
You need to have the charges reviewed by an immigration attorney - BEFORE you file for citizenship. You will also want to have an overview of your immigration history available.
Answered on Jan 04th, 2013 at 8:07 PM

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Adebola O. Asekun
Gambling offenses are deportable crimes and depending on specifically what gambling penal statute you pled guilty to, the consequences may be such that you may not only be ineligible to naturalize, worse still, you may be facing deportation from the US. This is why. If the state gambling offense is statutorily analogous to the federal gambling crime at Title 18 U.S.C s.1955, the DHS will place you in deportation proceedings where they will argue that your offense is an aggravated felony as defined under s.101(43)(J). An alien,convicted of aggravated felony is permanently not eligible to naturalize and may be facing permanent deportation from United States without the possibility of a waiver. The intersection of criminal and immigration law is a very specialized field and its experts are called crimmigration lawyers. It appears your case cannot be handled by just any immigration attorney, instead, you must consult with a crimmigration attorney right away so you may have an idea of what you are dealing with and the options that may be availing to you.
Answered on Jan 04th, 2013 at 2:46 PM

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You cannot apply for citizenship until 3 months before the 5th anniversary of your U.S. permanent residence (unless you are applying under one of the special provisions - as a spouse of a U.S. citizen living together with that spouse; or as a person granted permanent residence because of battering or extreme cruelty; or as a person honorably discharged from the U.S. Armed Forces). Your conviction might make you ineligible for citizenship because of the requirement to demonstrate that you were "a person of good moral character" during the period of your permanent residency. The misdemeanor charge to which you pleaded guilty might be a "crime of moral turpitude"; if it is, your application for naturalization will be denied, and USCIS will likely start removal proceedings against you. I suggest that you discuss your conviction with an immigration attorney to find out whether your conviction is for a crime of moral turpitude, and, if it is, if you should try to reopen you criminal case and set aside the conviction, or simply postpone filing your naturalization application until 5 years pass since your conviction.
Answered on Jan 04th, 2013 at 2:33 PM

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Should be ok.
Answered on Jan 04th, 2013 at 7:45 AM

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