QUESTION
Can I apply for Naturalization if I am a Permanent resident that commited a felony?
Asked on May 01st, 2011 on Immigration - California
More details to this question:
My permanent resident card will expire in one year. I don't know if I can get another card or if I will get deported.
3 ANSWERS
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
Whether the conviction will affect you depends on many factors, including: 1. When you got your original Green Card; 2. When you were convicted; 3. The exact crime you were convicted of; 4. Your sentence; and many other factors. This is the type of matter you need to discuss with an immigration attorney to determine what is your best course of action.
Answered on May 04th, 2011 at 10:39 AM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
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You really need to make an appointment with a competent immigration attorney specializing in criminal law. I am not able to evaluate your case based on your question. You will want to bring your certified court disposition with the full case history on it to your meeting to have your case analyzed. If you try to naturalize or file for an extension of your card, this issue will arise because they will take your fingerprints so please take care of this now! As a general matter, most felonies will bar you from naturalizing for five years after your probation ends.
Answered on May 04th, 2011 at 9:34 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Depends on what the felony is, when it was committed. Were you already a permanent resident when it happened or not? Best strategy is to get a certified copy of all of the Court records, police report, plea agreement if applicable. You may want to consult with your criminal attorney on whether a pardon or expungement if possible. We can then assist with your replacement card and/or citizenship as appropriate. If you want to avoid replacing your card you need to file for citizenship at least six months before the PR card expires so you are smart to check on these things now.
Answered on May 03rd, 2011 at 12:12 PM