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immigration questions

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nfocus

Junior Member
What is the name of your state (only U.S. law)? Nevada

If someone was charged with a felony and serving probation can they still become a citizen? They have to comply with I.C.E. but cannot leave the united states while the application takes place is there any way around this?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Nevada

If someone was charged with a felony and serving probation can they still become a citizen? They have to comply with I.C.E. but cannot leave the united states while the application takes place is there any way around this?
Convicted of a felony? What is the current immigration status?
 
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nfocus

Junior Member
yes convicted of embezzlement....
and has been raised here in the untied states since 2 yrs old. Graduated HS and only has that conviction.
 

Proserpina

Senior Member
yes convicted of embezzlement....
and has been raised here in the untied states since 2 yrs old. Graduated HS and only has that conviction.
The felony conviction for embezzlement will usually prevent a person from naturalizing; even "minor" crimes can lead to deportation and/or the inability to become a citizen. However, this isn't guaranteed and waivers can occasionally be sought.

Some will advise a permanent resident who has committed a crime as noted below (which isn't a complete list...a complete list doesn't actually exist, realistically speaking) to hold off applying for citizenship until he has seen an attorney.

U.S. laws contain a list of activities that can cause a green card holder to lose the right to live in the United States. Commit one of these activities and you become removable.

* You were inadmissible when you last entered the United States (see “Actions and Conditions That Make You Inadmissible,” below, for more about inadmissibility).
* You have violated a condition of your U.S. stay.
* You were unsuccessful in turning your conditional residence into permanent residence (primarily affecting people who married U.S. citizens).
* You have helped smuggle someone into the United States within five years of when you entered the country (with limited exceptions for close family).
* You have entered into a fake marriage to try to get a green card.
* You have committed a crime of moral turpitude within five years of becoming a resident (or ten years if you got your residency after living in the United States illegally, by paying a penalty fee under Section 245(i) of the I.N.A.). There is no USCIS-approved list of crimes of moral turpitude (see “What Constitutes Moral Turpitude?,” below).
* You have committed a crime of moral turpitude for which the judge could have imposed a sentence of one year or more.
* You committed two or more separate crimes of moral turpitude.
* You committed an aggravated felony.
* You have committed a drug-related crime (except a single conviction for possession of 30 grams of marijuana or less).
* You use or are addicted to illegal drugs.
* You have committed a gun-related crime (such as selling, possessing, or using a gun illegally).
* You have violated federal laws regarding spying, treason, sedition (insurrection against the U.S. government or providing support to an enemy government), or assisting others to enter or leave the United States illegally.
* You have committed a domestic violence crime or violated anti-stalking, child abuse, neglect, or abandonment laws.
* You deliberately failed to notify the INS or USCIS of your new address within ten days of moving.
* You have fraudulently acquired a visa or other official document (that is, you got it by lying or deliberately omitting information).
* You have falsely claimed to be a U.S. citizen.
* You are a threat to public safety, national security, or U.S. foreign policy.
* You have tried to overthrow the U.S. government.
* You have assisted in **** persecution.
* You have engaged in genocide.
* You became a public charge (received welfare payments) within five years of your approval for U.S. residency.
* You have voted in a U.S. election. (Green card holders cannot vote in the United States.)

According to the Board of Immigration Appeals, a crime of moral turpitude is inherently base, vile, or depraved, contrary to social standards of morality, and done with a reckless, malicious, or evil intent. In short, this is a subjective, catchall term that can be used for any crime that USCIS considers offensive. For example, USCIS has judged moral turpitude to be present in crimes involving great bodily injury, sexual offenses, kidnapping, stalking, fraud, theft, embezzlement, and bribery.
But there still needs an answer for this question: what is his current immigration status? Is he a legal permanent resident? When did he become an LPR?

He needs to consult with an immigration attorney. Immediately.
 

nfocus

Junior Member
But there still needs an answer for this question: what is his current immigration status? Is he a legal permanent resident? When did he become an LPR?

He needs to consult with an immigration attorney. Immediately.
He was born in Brazil,his parents brought him to the U.S.(neither had a VISA,passport...) He is not a resident of any sort.
He will be seeing attorney this week. He just want to be informed of what may or may not happen.
 

Proserpina

Senior Member
He was born in Brazil,his parents brought him to the U.S.(neither had a VISA,passport...) He is not a resident of any sort.
He will be seeing attorney this week. He just want to be informed of what may or may not happen.
OK, thanks for clarifying that.

The fact that he was brought here as a child would perhaps have bought him a little bit of levity with certain immigration laws - but he's really pretty much sealed his fate.

He is undocumented, entered illegally (albeit as a child), has no current legal status and is now a convicted felon - the chances of him not being deported are virtually nil.

Even without this he would have had difficulty naturalizing - before this is possible one must first be a legal permanent resident and your friend obviously wasn't - and had many issues stacked against him which would probably have made him ineligible to even become a permanent resident.
 

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