Renewing greencard with a felony

[lauratru 4]

Hello everyone, 

I need your advice. Thank you for taking your time in reading my post! So my younger brother has an expired greencard, he is scared to get it re-new because he has a felony and is afraid of getting deported & getting the application rejected. Here is another curveball both of our parents became America citizens before we were 18, but didn’t bring us along with their citizenship, Who are both divorce at the time of citizenship. Can he still renew his greencard & still have the process go through?? Many thanks for taking your time writing your advice! 

Edited October 28, 2020 by lauratru

[igoyougoduke 1,656]

If you’ve been convicted of a felony  hire an experienced immigration lawyer. Yes the law is clear that Felony is a possible deportation but not always as he would have to defend the case in case USCIS puts him infront on deportation line and he will have to defend the deportation infront of a immigration judge. 

 

I do not think this forum can advise as the issue is of serious concern and should be handled by an immigration lawyer.

 

You parents divorce is irrelevant in his case as he is already a green card holder 

[lauratru 4]

3 minutes ago, James120383 said:

If you’ve been convicted of a felony  hire an experienced immigration lawyer. Yes the law is clear that Felony is a possible deportation but not always as he would have to defend the case in case USCIS puts him infront on deportation line and he will have to defend the deportation infront of a immigration judge. 

 

I do not think this forum can advise as the issue is of serious concern and should be handled by an immigration lawyer.

 

You parents divorce is irrelevant in his case as he is already a green card holder 

My thing is both of my parents are both citizens before we were 18 , would that effect or  Differ Him from being  Deported? Thank you 

3 minutes ago, James120383 said:

If you’ve been convicted of a felony  hire an experienced immigration lawyer. Yes the law is clear that Felony is a possible deportation but not always as he would have to defend the case in case USCIS puts him infront on deportation line and he will have to defend the deportation infront of a immigration judge. 

 

I do not think this forum can advise as the issue is of serious concern and should be handled by an immigration lawyer.

 

You parents divorce is irrelevant in his case as he is already a green card holder 

 

 

 

 

 

[payxibka 10,045]

3 minutes ago, lauratru said:

My thing is both of my parents are both citizens before we were 18 , would that effect or  Differ Him from being  Deported? Thank you 

 

 

 

 

 

How old were you and your brother when your parents naturalized?

 

Were you both green card holders when it happened?

Edited October 28, 2020 by payxibka

[lauratru 4]

1 minute ago, payxibka said:

How old were you and your brother when your parents naturalized?

I was 14 & he was 13

[payxibka 10,045]

Just now, lauratru said:

I was 14 & he was 13

Both greencard holders?

[lauratru 4]

2 minutes ago, payxibka said:

Both greencard holders?

Yes that it correct, We both have greencard. So now his greencard is expire and is afraid if he renew it he might get deported , because of his felony in his youth years. 

[payxibka 10,045]

4 minutes ago, lauratru said:

Yes that it correct, We both have greencard. So now his greencard is expire and is afraid if he renew it he might get deported , because of his felony in his youth years. 

Sorry.  Were you Greencard holders when your parents naturalized.

 

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:

 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

Edited October 28, 2020 by payxibka

[Just Paul 4,595]

3 minutes ago, lauratru said:

Yes that it correct, We both have greencard. So now his greencard is expire and is afraid if he renew it he might get deported , because of his felony in his youth years. 

If you were a green card holder at the time a parent who had custody or joint custody of you then you would have derived citizenship when then naturalized.

[HRQX 4,145]

17 minutes ago, lauratru said:

I was 14 & he was 13

Did their naturalization occur on or after Feb. 27, 2001? When did your brother turn 18?

[lauratru 4]

14 minutes ago, payxibka said:

Sorry.  Were you Greencard holders when your parents naturalized.

 

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:

 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

So how would he show that he is a citizen? Since he has a felony would that interrupt the process? 

[lauratru 4]

12 minutes ago, Paul & Mary said:

If you were a green card holder at the time a parent who had custody or joint custody of you then you would have derived citizenship when then naturalized.

How do I prove that I have citizens ship? Since he has a felony would that interrupt the process? 

[Just Paul 4,595]

1 minute ago, lauratru said:

So how would he show that he is a citizen? Since he has a felony would that interrupt the process? 

Get a Passport or get a N-600 done

[lauratru 4]

4 minutes ago, HRQX said:

Did their naturalization occur on or after Feb. 27, 2001? When did your brother turn 18?

They became Americans citizens in 2004 

[lauratru 4]

Just now, Paul & Mary said:

Get a Passport or get a N-600 done

Does he need to get his greencard renew ? If so would his felony effect of the renewal?