QUESTION
Can I still apply for citizenship after I have done my 5 year green card but I had 3D felony on drug and gambling but now case is dismissed?
Asked on Oct 29th, 2013 on Immigration - Missouri
6 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The drug felony may be an issue depending on how it was disposed of. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options. You should bring any records you have regarding the drug felony for the attorney to review.
Answered on Oct 30th, 2013 at 10:32 PM
Probably yes, but you need to meet with an attorney for better evaluation of the issue.
Answered on Oct 30th, 2013 at 10:32 PM
Any aggravated felony convictions bar citizenship.
Answered on Oct 30th, 2013 at 10:31 PM
It seems like you can, but I recommend that an attorney carefully review the criminal court dismissal before you apply. Some criminal attorneys may confuse what the civil immigration law considers a conviction 'for immigration purposes. Assuming that the criminal case was dismissed without an order for any form of restraint for immigration purposes, then this will not disqualify you.
Answered on Oct 30th, 2013 at 10:31 PM
Hire an immigration attorney to inquire further into your immigration history. You don't want the Government to find out they can deport you after you apply for citizenship.
Answered on Oct 30th, 2013 at 10:30 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As long as the charges were dismissed outright and you were not convicted or given deferred adjudication, you technically are still eligible to apply for citizenship.
Answered on Oct 30th, 2013 at 10:30 PM