Possible Deportation? GreenCard? N400?

[Brother Hesekiel 2,236]

You asked for it, so here is my short answer: he can renew his Green Card via I-90 and nothing about that alone will stir up the calm water. If the water is about to boil, he would know about it, as the USCIS would notify him that they are seeking to revoke his status.

Naturalization is a different ballgame. Part of it, aside from income taxes, aside from the full disclosure, is a comprehensive background check not only via FBI, but of all federal databases. In addition to all io those things is the elevated standard of "good moral character." Filing an N-400 in his situation is like going into the lions' den where a bunch of starving lions sleep, wake them up, step on their tails, and hope they won't eat him.

I have coined a term for this: immigration suicide.

Edited October 2, 2011 by Just Bob

[Jojo92122 1,924]

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.

This attorney's advice is to leave the US because your cousin "could" be denied for renewal of his green card? Is your cousin okay with this? Is he willing to fight for the right to stay in the US?

Is the criminal lawyer knowledgeable about immigration laws?

The I-90 Application to Replace Permanent Resident Card does not require your cousin to disclose his arrests or convictions.

400 grams of pot is almost a pound. That's a felony in all 50 states.

The felony drug arrest and the failure to file taxes makes it highly improbable that your cousin will be able to naturalize.

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An LPR is a guest in the US. We don't like guests dealing drugs and failing to pay taxes. This is a guest that you kick out, not one you invite to stay permanently. The US government does not welcome these guests. That's the harsh reality for your cousin. He could probably stay an LPR, but he probably not be able to naturalize because he cannot meet the good character requirement.

[ConcordUser 18]

This attorney's advice is to leave the US because your cousin "could" be denied for renewal of his green card? Is your cousin okay with this? Is he willing to fight for the right to stay in the US?

Is the criminal lawyer knowledgeable about immigration laws?

The I-90 Application to Replace Permanent Resident Card does not require your cousin to disclose his arrests or convictions.

400 grams of pot is almost a pound. That's a felony in all 50 states.

The felony drug arrest and the failure to file taxes makes it highly improbable that your cousin will be able to naturalize.

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

An LPR is a guest in the US. We don't like guests dealing drugs and failing to pay taxes. This is a guest that you kick out, not one you invite to stay permanently. The US government does not welcome these guests. That's the harsh reality for your cousin. He could probably stay an LPR, but he probably not be able to naturalize because he cannot meet the good character requirement.

I understand in I-90 application one does not need to voluntarily disclose the convictions. But what I know they will be doing complete FBI back ground check and what if they find the details during the I-90 processing. Will it not cause problems and deportation proceedings if they find some thing during the FBI check? From what I read for both I-90 and N-400 they take Biometrics data and processed through the FBI Database.

[w8inglongtime 29]

Just like majority of contributors have suggested, you cousin should probably back off the whole citizenship thing for a while and concentrate on the formalities first. The first hurdle is getting his green card renewed. Only after that can he start entertaining N-400. Even after scaling over the I-90 hurdle, he will want to thread cautioyusly on N-400. That's the stage where all skeletons come out and he's in no shape to win that fight as at now. If an IO reads Bank/Drug convictions, 8 years without paying taxes, I doubt the word approve will spring into his/head. tell your cousin...BABY STEPS.

Oh by the way if that bank conviction you mentioned is ROBBERY or FRAUD chances of an approval on N-400 is about 1%

Edited October 3, 2011 by w8inglongtime

[RICARDO4EVA2 195]

Thank You Everyone... Information here will be communicated.

Edited October 3, 2011 by RICARDO4EVA2

[Shiobhan 235]

Apply for the replacment GC if they want him they'll notify him to come pick it up, then grab him.

[Joker69 10]

i got a like 5 conviction and and i finally had the guts to apply from citizenship did my interview 4 month ago and show all my certificate court disposition to my interview 'Decision canot be made' to review your arrest record! Today is my 120 days and still no oath will see what happens them ...bu i still got my green card and it dosen't expired till 2014! All i can do is keep you posted to see what happens in my case! hope this info helps of any kind! ...I'm stil kind of worries i can deported even thought i got my green card status under political asylum 20 years ago we i was under age thru my dad! ps: by the way when i did apply for my green card wilth my long criminal history didn't have any problem so Jihana so stop it!

Edited July 1, 2012 by Joker69