Possible Deportation? GreenCard? N400?

[RICARDO4EVA2 194]

trying to get information for my cousin.

Cousin's 10 year greencard expired in January 2010 (20 months ago) and he has not renewed it. He's yet to submit the I-90 to renew the card because he has 2 (maybe more) charges that were classes as a Felony .. (Bank/Drug). The charges were created between 2001-2003 and he's seeking a waiver/expungement since the waiting periods has passed however he is out of status.

Questions are

if he successfully gets the charges expunged is he still eligible for another 10 year green card..?

If he subjected to be deported ..?

Will be he able to apply and be approved for his US Citizenship?

Thank you

Edited October 1, 2011 by RICARDO4EVA2

[OKflyboy 35]

His CARD expired, not his status as a resident. He is NOT out of status. They would need much more serious reasons to revoke his permanent resident status. No, he's not going to get deported and he can apply for citizenship as soon as he renews his card.

[Jojo92122 1,924]

His CARD expired, not his status as a resident. He is NOT out of status. They would need much more serious reasons to revoke his permanent resident status. No, he's not going to get deported and he can apply for citizenship as soon as he renews his card.

It's correct that he is still a legal permanent resident despite the expired green card. However, the OP has not given us enough information on "bank/drug" felonies to know if these are aggravated felonies. If they are aggravated felonies, his legal permanent residency can be revoked and he could fail the good morale character requirement for naturalization.

"Expunging" his criminal record does not erase the fact that he was arrested and presumably convicted. If he is successful in getting his criminal record expunge, he would still need to disclose these felonies on his applications to USCIS. Expunging his criminal record does not erase his arrest or the charges filed against him. Expunging his record only sets aside the conviction. The case record will still exist - which means his arrest still exists.

He is not subject to deportation because he has not lost his legal permanent residency. However, if the "bank/drug" felonies are aggravated felonies, his LPR status could be revoked and he could be deported.

If his "bank/drug" felonies are aggravated felonies, he may be ineligible to naturalize.

____________________________

http://www.saclaw.lib.ca.us/pages/expunging-criminal-records.aspx

Expunging Criminal Records

Disclaimer: This guide is intended as general information only. Your situation may have factors requiring different procedures or forms. If you need further assistance, consult a lawyer.

What is an expungement?

An expungement reopens your criminal case, dismisses and sets aside the conviction, and re-closes the case without a conviction. In effect, you are no longer a convicted person. However, the case record itself will still exist, and the expungement will appear on your record.

---------------

http://www.ocimmigrationattorney.com/blog/?p=384

WHAT IS AN AGGRAVATED FELONY IN IMMIGRATION?

Several different types of crimes can make a non US citizen deportable from the US. Many crimes, such as crimes of moral turpitude, will make a noncitizen deportable, but deportation is avoidable if the noncitizen meets specific criteria for cancellation of removal. Aggravated felonies are treated more seriously than crimes of moral turpitude. Unlike crimes of moral turpitude, noncitizens with aggravated felony convictions have very few defenses to deportation. Contact The Nunez Firm to schedule a free and confidential consultation today.

It is important to understand that even though a conviction may have been deemed a misdemeanor in the criminal court, it might qualify as an aggravated felony for immigration and deportation purposes. For this reason, it is imperative that you consult with an experienced immigration attorney before pleading guilty to a crime or pursuing an immigration benefit such as naturalization.

INA Section 101(a)(43) sets forth a list of crimes that constitute aggravated felonies. The list includes murder, rape, trafficking of guns and drugs, crimes of violence, serious fraud convictions, alien smuggling, and theft offense among other things. INA Section 101(a)(43) identifies the following as aggravated felonies:

INA (a)(43)(A) murder, rape, or sexual abuse of a minor

INA (a)(43)(B) illicit trafficking in a controlled substance

INA (a)(43)© illicit trafficking in firearms or destructive devices

INA (a)(43)(D) offenses relating to “money laundering”

INA (a)(43)(E) offenses relating to explosive materials

INA (a)(43) “crimes of violence” for which a term of imprisonment of one (1) year has been imposed

INA (a)(43)(G) a theft offense (including receipt of stolen property) for which a term of imprisonment of one (1) year has been imposed

INA (a)(43)(H) offenses relating to ransom or demand for receipt of ransom

INA (a)(43)(I) offense relating to child pornography

INA (a)(43)(J) offenses relating to influenced corrupt organizations, or gambling

INA (a)(43)(K) offenses relating to: (i) owning, controlling, managing, or supervising prostitution; (ii) to transportation for the purpose of prostitution; (iii) slavery, and/or involuntary servitude

INA (a)(43) offenses relating to: (i) gathering or transmitting national defense information; disclosure of classified information; sabotage; treason; (ii) protecting identity of intelligence agents; (iii) protecting identity of undercover agents

INA (a)(43)(M) an offense that involves: (i) fraud or deceit in which loss to victim exceeds $10,000; (iii) a relation to Tax Evasion in which loss to government exceeds $10,000

INA (a)(43)(N) an offense relating to alien smuggling as defined in section 274(a) of the Act, unless committed for an immediate family member and no other individual

INA (a)(43)(O) offense committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph (e.g., alien previously deported as an “aggravated felony” is automatically considered to be an “aggravated felon”)

INA (a)(43)(P) an offense (i) which either is falsely making, forging, counterfeiting, mutilating or altering a passport or instrument or relating to document fraud; and (ii) term of imprisonment is at least 12 months, except in first offense where offense committed to aid immediate relative

INA (a)(43)(Q) an offense relating to a failure to appear for a defendant for service of sentence if the underlying offense is punishable by imprisonment for at least five (5) years or more

INA (a)(43)® an offense relating to commercial bribery, counterfeiting, or forgery, or trafficking in vehicles for the identification numbers of which have been altered and for which a term of imprisonment of one (1) year has been imposed

INA (a)(43)(S) an offense relating to obstruction of justice, perjury, subornation of perjury, bribery of a witness for which a term of imprisonment of one (1) year has been imposed

INA (a)(43)(T) offense relating to failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of two (2) years may be imposed

INA (a)(43)(U) an attempt or conspiracy to commit any of the above offenses.

CONSEQUENCES OF AGGRAVATED FELONY CONVICTIONS

A noncitizen convicted of an aggravated felony may be subject to the following consequences:

• Ineligible for cancellation of removal while in deportation proceedings

• Ineligible to naturalize as a US Citizen

• Denied entry into the United States

• Ineligible for asylum in the United States

• Ineligible for withholding of removal

• If deported based on aggravated felony conviction, noncitizen may not return to the US forever (unless alien receives approval from US Attorney General)

IMPORTANT INFO

If you are a noncitizen, and you have committed any crime, whether a misdemeanor or felony, you should consult an immigration attorney to fully understand the immigration consequences of such a conviction. If you are currently in criminal court or awaiting trial for an alleged crime, it is best to consult with an immigration attorney before entering a plea. The difference between a deportable conviction and a non-deportable conviction is oftentimes subtle, and many criminal attorneys do not fully understand the immigration consequences of certain plea bargains. It is important for your criminal attorney to work closely with an immigration attorney to ensure that deportation is avoided.

Similarly, if you are considering naturalizationand you have been convicted of a crime, you should consult with an immigration attorney first. Oftentimes, noncitizens apply for naturalization, and USCIS (formerly INS) notices a criminal conviction. Then, USCIS places the individual in deportation proceedings in immigration court. To avoid this outcome, you should consult with an immigration attorney before filing the naturalization application.

Edited October 1, 2011 by Jojo92122

[RICARDO4EVA2 194]

His CARD expired, not his status as a resident. He is NOT out of status. They would need much more serious reasons to revoke his permanent resident status. No, he's not going to get deported and he can apply for citizenship as soon as he renews his card.

thank you for you answer..

[OKflyboy 35]

thank you for you answer..

Jojo92122 is right, a lot will depend on how bad those felonies are. But expired card by itself is no reason for deportation or denial of citizenship.

[RICARDO4EVA2 194]

thanks... he was convicted with both charges .. also he has not filed his taxes for the previous 8 years until last year.

[OKflyboy 35]

thanks... he was convicted with both charges .. also he has not filed his taxes for the previous 8 years until last year.

Bad.

I would renew the GC and sit still, file taxes, obey the law and try to file for naturalization in another 5 years or so.

[RICARDO4EVA2 194]

Bad.

I would renew the GC and sit still, file taxes, obey the law and try to file for naturalization in another 5 years or so.

Also i wish others who have any knowledge would chime in

[sus 70]

I would definitely renew the GC and NOT try for citizenship. Get his mess sorted, pay the back taxes and penalties, get the criminal stuff sorted -

[ConcordUser 18]

You can talk to a good immigration / criminal atty and the convictions could be vacated. Not knowing the details, we can no suggest, but talk to an atty who can help you.

[RICARDO4EVA2 194]

I would definitely renew the GC and NOT try for citizenship. Get his mess sorted, pay the back taxes and penalties, get the criminal stuff sorted -

Thank you Sus ~ When he filed his taxes last year for the first time .. he was told he owed about $4000.00..

[RICARDO4EVA2 194]

You can talk to a good immigration / criminal atty and the convictions could be vacated. Not knowing the details, we can no suggest, but talk to an atty who can help you.

Thank you... did speak with a very close friend who is a criminal lawyer yesterday who has death with high profile cases and suggested he might go for a voluntary departure because he could be denied for the marijuana charges which is about 2 charges - over 400 grams.

[mike42979 57]

No offense but 2 felonies and doesnt even contribute to this country in the form of taxes well i for one dont want a citizen like that here but luckily its not me to decide!

[fazmo 24]

The citizenship application will depend on whether he has an unexpired permanent resident card. He has to renew his card before he can apply for naturalization. As for his status, he is still considered a legal resident but the jury will be out for his status when/if he applies for renewal. The USCIS will look into his file and do another background check. That is where the felonies and tax problems will be in play. Two felonies will not look good in front of an adjudicator. He needs to get a good immigration attorney.

[RICARDO4EVA2 194]

No offense but 2 felonies and doesnt even contribute to this country in the form of taxes well i for one dont want a citizen like that here but luckily its not me to decide!

No offense taken. thank you much.

The citizenship application will depend on whether he has an unexpired permanent resident card. He has to renew his card before he can apply for naturalization. As for his status, he is still considered a legal resident but the jury will be out for his status when/if he applies for renewal. The USCIS will look into his file and do another background check. That is where the felonies and tax problems will be in play. Two felonies will not look good in front of an adjudicator. He needs to get a good immigration attorney.

thanks my friend.