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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Resident Aliens with Criminal Records Can't Come Back To USA???
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Power Member
Picture of davdah
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Of course. I think yoiu already knew the answers before you came here. I suspect you may have already spoken to a lawyer and were told it was hopeless after the drug conviction to get citizenship. Probably told you to keep a low profile otherwise you could get sent home. It might be wise to heed that advice.




The moment you capitulate to lawlessness you've lost your civility.

 
Posts: 8970 | Location: San Diego, or near by. | Registered: 06-08-2007Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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No I haven't yet. Though I think he will prob. tell me the same thing and then give me a bill...

Regardless,
I do like to thank all of you guys for opening my eyes to what's really going on.

After I see a lawyer, I will make sure to come back and let you guys know what went down.

Thanks again for your time and posts.

God Bless,

a
 
Posts: 18 | Registered: 05-15-2009Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Brit4064
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You have excellent advise from 4now. RUN don't walk to a good immigration lawyer well versed in both criminal and immigration law. Here's the reason why:

Proposed replacement cards for old style Resident Alien cards without expiration dates

I don't know if they have enacted the replacement card procedure yet but it's likely coming and they now take biometrics (fingerprints) which will reveal any past convictions or immigration violations.

Your biggest problem I'd say is the E conviction. With only one exception, any drug conviction is almost certain grounds for removal. Good luck.


In the beginning the Universe was created. This has made a lot of people very angry and has been widely regarded as a bad move - Douglas Adams
 
Posts: 3584 | Registered: 03-13-2005Reply With QuoteEdit or Delete MessageReport This Post
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Picture of federale86
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Best bet is to apply for citizenship, then you can't be deported. Apply today.
 
Posts: 2025 | Registered: 08-19-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of MakeItRight!
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hammer

With the Current level Of incompetence. just might get it!!


USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who you blame!!!
kami ay nanonood!!!
 
Posts: 7378 | Registered: 05-03-2008Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
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I doubt he'd be able to get US citizenship with his current record.I know someone who actually got their US citizenship even though they had a misdemeanor petty theft charge & a dismissed charge for grand larceny,but the background checks took ~2-3 years because of it.

I understand though that it is truly the last 5 years that count so US citizenship truly might be his only shot at this point,but without a lawyer not a chance.
 
Posts: 92 | Registered: 09-11-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of MakeItRight!
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quote:
Originally posted by Lyric:
I doubt he'd be able to get US citizenship with his current record.I know someone who actually got their US citizenship even though they had a misdemeanor petty theft charge & a dismissed charge for grand larceny,but the background checks took ~2-3 years because of it.

I understand though that it is truly the last 5 years that count so US citizenship truly might be his only shot at this point,but without a lawyer not a chance.


Get out into The reality Of the REAL WORLD!!! It is happening!!!


USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who you blame!!!
kami ay nanonood!!!
 
Posts: 7378 | Registered: 05-03-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of SunDevilUSA
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Erooni...yet another drug addict who was given the opportunity to live in America, and wasn't intelligent enough to realize that he needed to respect this country and adhere to its laws.

I would suggest that - if you don't live in Arizona - that you avoid that state...as the authorities there will check your immigration status at a traffic stop - and, with your record, you'll be on the next plane home (to your country of origin).

In fact, your ability to escape from a traffic stop anywhere in the country is becoming less and less every day, as more and more states are liasing with I.C.E. with regard to criminal aliens.

maybe you won't have to go abroad to end up overseas after all.
 
Posts: 1546 | Location: Arizona, U.S.A. | Registered: 01-04-2005Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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SUNDevilUSA: Thank you for your input.
 
Posts: 18 | Registered: 05-15-2009Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of SunDevilUSA
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Here is the link to a news article about a legal immigrant who was deported for criminal activity...after a traffic stop in Utah.

http://www.sltrib.com/ci_12381916

Personally, I don't think that America will miss him. Furthermore, the news article states that the criminal's father - who received an AMNESTY green card in 1986 - has been in America for approximately 35 years...yet, he still can't speak a word of English!

Obviously a family that America really doesn't need, and a family that evidently doesn't respect America.

http://www.sltrib.com/ci_12381916
 
Posts: 1546 | Location: Arizona, U.S.A. | Registered: 01-04-2005Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of federale86
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Move to SF or NYC, no chance of the locals ratting you out to ICE.
 
Posts: 2025 | Registered: 08-19-2008Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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federale86: Who would want to do that?
Thank God, I don't have ANY enemies.

Do you think someone from here might?!?!?!
 
Posts: 18 | Registered: 05-15-2009Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Again, I'd like to say thank you and all the guys out here for their time to respond.

Today I went and saw two immigration attorneys.
They both said I have no chance of becoming a citizen EVER due to my criminal history.
They also said that there is 50/50 chance if I were to marry a US Citizen and have kids. That way I have a better chance.

They also suggested that I don't leave the country because I would put my Green Card at a great risk.

As far as LIVE SCAN FINGERPRINTING:
It wasn't needed. Because I already had gotten my records by going to the sheriff's office here locally.

They both reviewed the first few charges starting from the last, and after reading the third one, they closed my folder and told me that I had no chance what so ever!
"You are not even close, kid", one said.

So, here I am. Full of regret. Full of shame.
Burning inside and ****ing myself for all my wrong doings.

I do like to thank EVERYBODY for their time to respond and helpful advises.

God Bless you all...
And, God Bless America.

a
 
Posts: 18 | Registered: 05-15-2009Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of ProudUSC
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quote:
Originally posted by erooni:
Again, I'd like to say thank you and all the guys out here for their time to respond.

Today I went and saw two immigration attorneys.
They both said I have no chance of becoming a citizen EVER due to my criminal history.
They also said that there is 50/50 chance if I were to marry a US Citizen and have kids. That way I have a better chance.

They also suggested that I don't leave the country because I would put my Green Card at a great risk.

As far as LIVE SCAN FINGERPRINTING:
It wasn't needed. Because I already had gotten my records by going to the sheriff's office here locally.

They both reviewed the first few charges starting from the last, and after reading the third one, they closed my folder and told me that I had no chance what so ever!
"You are not even close, kid", one said.

So, here I am. Full of regret. Full of shame.
Burning inside and ****ing myself for all my wrong doings.

I do like to thank EVERYBODY for their time to respond and helpful advises.

God Bless you all...
And, God Bless America.

a


Never is a word that's not in my vocabulary. If you are able to keep your clean streak going and perhaps do some humanitarian things along the way and stay under the radar, time may prove to be your friend. Wink


Do not go where the path may lead, go instead where there is no path and leave a trail.
(Ralph Waldo Emerson)
 
Posts: 9146 | Registered: 02-07-2007Reply With QuoteEdit or Delete MessageReport This Post
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Picture of federale86
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He can apply for citizenship in the Sacramento District. They have strick quotas on approvals. He can easily slip in.
 
Posts: 2025 | Registered: 08-19-2008Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Even with a criminal records like mine?
 
Posts: 18 | Registered: 05-15-2009Reply With QuoteEdit or Delete MessageReport This Post
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...and if it doesn't happen, don't you think I would be a little too close to the bee hive??? LOL!!!
 
Posts: 18 | Registered: 05-15-2009Reply With QuoteEdit or Delete MessageReport This Post
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Picture of Brit4064
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I wouldn't trust what federale86 says erooni. It has been said the SF area has been a little more lax immigration-wise but I wouldn't bank on it. As it stands, until a change in the law occurs, the advise by your lawyers is sound IMHO.

Personally I think there should be a statue of limitation on old past convictions, especially where a period of rehabilitation has occurred.

Whatever you do, don't get caught for a traffic stop in States where they check with ICE like AZ and OK.


In the beginning the Universe was created. This has made a lot of people very angry and has been widely regarded as a bad move - Douglas Adams
 
Posts: 3584 | Registered: 03-13-2005Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of federale86
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yes, Sacramento District is one of those whom the management of the office is pro-alien. The routinely naturalize criminals. Other offices, like Phoenix are very strict. You have to shop for the right office.
 
Posts: 2025 | Registered: 08-19-2008Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
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To the USCIS, crimes are categorized such as but not limited to; crimes of violence, crimes of moral turpitude, etc. USCIS really cares less about what classification the criminal court labels your crimes because they have their own labeling system. What this means is that, even though your crime may have been a felony in a criminal court, it still has to fall under aggravated felony and other classification as pertains to immigration. For example, creating a fake SSN card may be a felony in criminal court but it is certainly not an aggravated felony and neither does it fall under moral turpitude or similar classes under immigration definitions so such a person faces little or no problems. Then again, having more than one felony record is another issues, you also have multiple misdemeanors. While you still have a chance, to help improve your chances you may need to wait at least 15yrs from the last crime you committed to show a long record of good moral character, which essentially means 15 years of no crimes and being a productive individual. I personally know at least one person that has at least two felonies a while back and still obtained citizenship a year or two ago but then the USCIS assesses petitions on a case by case basis and taking the details in your case into consideration. My advise is; do not make any travel plans outside the US until you acquire your citizenship because I have read cases where aliens with criminal records have been detained upon return although it does not always happen (but why take the chance).

You should read the following immigration laws; http://www.law.cornell.edu/usc...0001227----000-.html

http://www.law.cornell.edu/uscode/8/1231.html#a_5

http://www.law.cornell.edu/usc..._12_20_II_30_IV.html

Also read page 25 (Good Moral Character) of the following document; http://www.uscis.gov/files/article/M-476.pdf

Also enjoy reading some recent immigration court case decisions; http://www.law.cornell.edu/sup...y=immigration+or+INS (lots of people here need to read up on cases and other publications before they open their mouths and give wrong advise)

This message has been edited. Last edited by: Jay A,
 
Posts: 59 | Registered: 01-05-2005Reply With QuoteEdit or Delete MessageReport This Post
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