Felony and Citizenship

[botipapa 0]

Hello all,

I've got a collague of mine, we have worked together for years now.

He's very concerned about his background.

He has been convicted back in 2005 for a felony driver's license suspension.

He actually had three DWLSR charges, and the third one become a felony.

Despite to that they granted him conditional GC sometimes in 2006.

In january '09 USCIS gave him LPR status.

Now he would be eligible for citizenship (marriage to usc).

He asked me to should he wait a couple of more years (uscis cares the 5 years prior background),

or go ahead, and file for citizenship?

He said he spoke to an attorney, and that said that uscis doesn't care if it's traffic related felony.

I really don't know what the heck to suggest to him.

What do you guys think????

[YuAndDan 153]

Note he has had LPR status since 2006, a conditional green-card holder is an LPR just with conditions attached.

They may question the felony if they file for citizenship, one condition of citizenship is LAWFUL behavior.

[KyngSilva 0]

Wait....time and distance helps put the felony behind. Or ask the attorney to shell out the cash for the filing fee, and he will get it back if the file is approved. =)

[justashooter 430]

Wait....time and distance helps put the felony behind. Or ask the attorney to shell out the cash for the filing fee, and he will get it back if the file is approved. =)

risky move, that. could result in a deportation proceeding. if i were him i would wait out the 5 years before applying.

[NickD 203]

Now if he lived in Wisconsin, could go up to five drunken driving charges before it's considered a felony. We also had to wait 9 days before we could get our marriage license, we had to bring in absolute proof that both of us were free to marry, but it takes that long for them to do a background check before the license is issued. And only have to go through the same thing again with the USCIS, twice!

But at least we can get caught four times with drunken driving problems before we have a problem. Feel our state system and the huge variation in laws we have with 50 different states is crazy. Guess I am the only one that feels this way, should get therapy.

[Dau Que 6]

Disclaimer: I'm NOT an attorney.

According to my knowledge, in regards to the USCIS, every convicted crime, no matter how small or big in your past, regardless of time, can always be brought up for deportation purpose at any time, unless you've become a US citizen.

You're gambling if you travel outside the US, near its borders (within 50 miles) or involving with the USCIS for some kind of paperwork and therefore give them an opportunity to pull your file up for review.

Consult an experienced immigration attorney before you regret the result!

Edited October 1, 2009 by Dau Que

[Europeanboy 0]

OK, He got the felony in 2005 but He was granted a conditional card in 2006 and the conditions were successfully removed in 2009. So why do you think USCIS makes the FBI name check. This traffic related felony could have affected the approval of his CGC in 2006 I guess. I know people with DUIs that they have got their I-751s approved. If the attorney says that USCIS doesn't care for traffic related felonies is most likely right. Anyway your friend can look for a couple of different attorney's opinions. I think that's the best option.

[Kathryn41 3,205]

Just an observation - the OP posted this back in March and has not been back to this thread since.

[botipapa 0]

Just an observation - the OP posted this back in March and has not been back to this thread since.

Oh, here I am, just observing.

Since then I am a US Citizen, so as my friend.

He got his citizenship two month ago.

There was no attorney involved.

He said they reviewed his applications, driving record, and stated that

indeed it was a felony conviction, but all traffic related.

They actually DID an FBI name check, and four weeks after his

interview he had been naturalized.