QUESTION
Will a felony from when I was 14 cause me to get denied for naturalization?
Asked on Aug 20th, 2016 on Immigration - Georgia
More details to this question:
When I was 14, I made one of those bottle bombs that explodes from the pressure created by the mixture of two chemicals. Two friends and I were caught and I was charged with a possessing an explosive device along with a conspiracy charge, both felonies. I have been a permanent resident since I was 11 and am now 22. This has been my only offense. As for the charges, the conspiracy charge was dismissed and I plead guilty to disorderly conduct. It has since been expunged. Will I encounter any major problems if I apply for naturalization? I recently had my green card renewed within the last year.
2 ANSWERS
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For naturalization, you have to show "good moral character" in the 10 years immediately preceding the application. Since almost all criminal convictions are considered proof that the applicant lacks "good moral character", it would be a good idea to wait until you have clean 10 years behind you. Second, your conviction will have to be disclosed on the naturalization application. There is a chance that the immigration officer will see "disorderly conduct" and move on. But, if he/she will do his/her job and look at the certificate of disposition, there will be trouble. Our immigration law imposes severe penalties for crimes; the crimes that have anything to do with firearms and explosives are considered "aggravated felonies" and carry brutal immigration consequences. The person does not have to be convicted of such a crime; it is enough that he/she admits committing essential elements of the crime in question. So, if the records of your conviction show that you pleaded guilty to the charges involving an explosive device or material, it does not matter that the conviction was for disorderly conduct: USCIS will consider it an aggravated felony. It also does not matter that your record was expunged: immigration law still holds you responsible. And this conviction not only makes you ineligible for citizenship, it makes you subject to a deportation and a bar to re-entering the U.S. for the rest of your life. If, however, the records show that you never admitted possessing an explosive device or material and only pleaded guilty to disorderly conduct, it should be possible to successfully defend you against deportation for aggravated felony. My advice is to find a good immigration attorney and have him/her request and review your USCIS file and your criminal case records. Obtaining them will take a long time (getting a USCIS record now can take up to 1.5 years), but studying these documents will enable your attorney to give you a definite recommendation.
Answered on Sep 14th, 2016 at 5:55 PM
The immigration consequences for criminal convictions can be far more complex than it might seem. Some dispositions (like pretrial diversion, first offender status, etc.) can be treated as convictions by the USCIS; some misdemeanors can be treated as felonies by the USCIS; etc. The charges that were filed are not controlling about naturalization eligibility, and instead you should obtain court-certified copies of all the disposition documents (this is likely to be difficult if the conviction was expunged, and may require a court order to obtain the certified copies; also note that expungement is meaningless to the USCIS in determining immigration eligibilities and consequences) and allow an immigration attorney to review them for you. Those same court-certified documents will be needed in the event an immigration attorney is able to confirm naturalization eligibility, since the USCIS will require that you supply them as part of the supporting documentation. While a single conviction for disorderly conduct may not stand in the way of naturalization eligibility, it certainly will make your application process more complicated. It would be wise for you to work with an immigration attorney for the naturalization process.
Answered on Sep 14th, 2016 at 5:54 PM