QUESTION
I have been arrested about 5 times all for misdemeanor and once for a ticket should I apply for N400?
Asked on Oct 19th, 2012 on Immigration - California
More details to this question:
My dad called the cops on me 2 times two different arrests for marijuana, alcohol, cruelty children, battery. And got arrested again for shoplifting . Been arrested 5 times since 17yr - 19 yr old. I am 20 now and in college. Been had my green card since 2005. Should I apply for N400 for citizenship and I’m I allowed to travel out of country to visit my family.
5 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. Depending on the exact charges you were convicted of, you may be found to be inadmissible. This means that if you leave the country, you may not be able to return and your green card will be revoked. In addition, some of the charges may be aggravated felonies or crimes of violence which can make you deport able or removable. Finally, in order to qualify for citizenship, you must show 5 years of good moral conduct (no criminal convictions) within the last 5 years. 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. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Oct 24th, 2012 at 9:24 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
Anytime you have interface with the criminal justice system without being a United States citizen I would suggest contacting an attorney prior to any departure from the United States. There are two reasons: first the law for foreign national outside the US is slightly different than the law that applies in the United States. In addition, you will be bringing yourself to the attention of the immigration Service thus if a criminal act might have an effect on your residence you should know first. You cannot apply for citizenship if you have bad acts within the prescribed period, which for you is within five years of the application.
Answered on Oct 24th, 2012 at 2:49 PM
Bankruptcy Attorney serving Los Angeles, CA
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The Law Offices of Amy Ghosh
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You can have up to three misdemeanor and still get naturalized. You need to do post conviction relief. You are lucky that you are not already in deportation proceeding.
Answered on Oct 24th, 2012 at 2:48 PM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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If a person is arrested various times and not convicted and it has been more than five years since the last arrest, it is very possible that immigration may find that the person has been rehabilitated and now have good moral character. If there have been convictions, that's another story. Every charge and case decision must be reviewed to see the results. A charge of drug, even possession of marijuana may affect the person residency status and the person may need a waiver to save his/her status as a resident and thus, filing for citizenship would trigger his/her being put on deportation proceedings. Without a review of every case the person was charged for, it is impossible to determine the person's legibility for citizenship. The information above is for informational purposes only and may not be construed in any way as legal advice.
Answered on Oct 24th, 2012 at 7:08 AM
It appears that you are not eligible for naturalization because of your criminal record. A definitive answer requires a review of your conviction record. I do not recommend to travel without having the record regarding your marijuana charge examined.
Answered on Oct 24th, 2012 at 7:04 AM