Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Monday, January 11, 2010

Naturalization after Criminal Convictions


     When Immigration reviews the file of a criminally convicted legal permanent resident to determine if s/he is eligible to become a U.S. citizen through naturalization, the Service is looking for two separate issues.  First, the Service wants to determine if the foreign national is eligible for citizenship, including meeting the requirement for good moral character.  Second, and most problematic, the Service wants to know whether the foreign national can be deported for the offenses committed.
     Good moral character requires a set period of time, usually five years, during which the person did not commit an offense.  It is not enough that the person was not convicted.  At the interview, the applicant will be questioned about the incident and if s/he admits the elements of the crime, s/he cannot establish good moral character.
     However, in order to be deportable, the foreign national must have been convicted of a crime.  Some crimes, known as aggravated felonies, make a person PERMANENTLY ineligible to demonstrate good moral character (and thus, they can never become a U.S.) as well as deportable.  Beware:  an aggravated felony can be a minor offense, such as misdemeanor theft if a year or more of probation was imposed.

General Frequently Asked Questions

Call today to schedule your immigration consultation

954-385-0157 or email: blandonappts@aol.com