QUESTION

Should I apply for citizenship despite a felony record?

Asked on Aug 30th, 2013 on Immigration - California
More details to this question:
Here's my story. I didn't apply for citizenship because I have (1) felony conviction code 11378 hs . I got 180 days community service, no jail time . I renewed my green card just recently and received my new card without any problems. Maybe I got lucky. I need a second opinion. My attorney suggests that I should apply for a citizenship. I'm aware that I'm permanently barred from becoming a citizen due to felony conviction. He said the law is not that straight forward and that my case has a good chance because it's my only conviction and it happened 11 years ago and have not done anything wrong since. And deporting me would be unusually cruel because I came to US as a young child and lived most of my life here. He suggest that if I get denied, then I should file for 212C. Whatever the reasons are, I'm confused and worried. Am I asking for trouble if I apply for citizenship? Is it possible for me to become a US citizen? Did the INS overlook my conviction document when they approved my green card renewal? Don't they run a fingerprint check with the FBI? I could just be a permanent resident for rest of my life if I don't encounter trouble when traveling outside of US but, I know that I will if I do. I would like to visit my native country to see my wife's family. My attorney seems like a decent man. I don't think he is telling me to do things that will jeopardize my status just because he wants to make money. What should I do? Your comments, suggestions and knowledge will be greatly appreciated.
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1 ANSWER

Non citizens convicted of aggravated felony offenses are ineligible to naturalize. A drug conviction, even if it is not an aggravated felony, may also bar you from naturalization if it makes you inadmissible or deport able. You should have an immigration lawyer review your complete record of conviction to determine the nature of your conviction and its immigration consequences.
Answered on Aug 30th, 2013 at 12:06 PM

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