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  • Weapons misdemeanor and naturalization

    I have been a legal resident since 8 or 9 (am now 33). I have a misdemeanor weapons possession conviction from 1989 that I served a year's probation for. I was told to plead no contest (didn't know what it meant at the time, plus my mom didn't want to pay attorney fees to fight it). The gun belonged to a friend whom I was driving home - wasn't mine. Since then, I have been clean - no drugs, no arrests, own a house, perfect credit, etc.

    I've applied for citizenship 2-3 times so far and cases were closed each time because they needed my court disposition, which I sent. Last application, the DAO guy at the interview threatened me - said I could easily be deported for that conviction which was mistakenly put as "felony - weapons manufacturing" on their INS files. ?? He said I'd get a notice with a day and time to see a judge. This was March/2002. Still waiting. Certified letters and phone calls haven't accomplished anything.

    My girlfriend, whom I have been with for the past 14 years (and could attest to my excellent moral character), says I should drop the case. She's afraid I might get deported. We've done a little Internet research about weapons convictions. I would even reopen my case to prove my innocence. What should I do?? Help...

    Any info is greatly appreciated.
    Thanks.

  • #2
    I have been a legal resident since 8 or 9 (am now 33). I have a misdemeanor weapons possession conviction from 1989 that I served a year's probation for. I was told to plead no contest (didn't know what it meant at the time, plus my mom didn't want to pay attorney fees to fight it). The gun belonged to a friend whom I was driving home - wasn't mine. Since then, I have been clean - no drugs, no arrests, own a house, perfect credit, etc.

    I've applied for citizenship 2-3 times so far and cases were closed each time because they needed my court disposition, which I sent. Last application, the DAO guy at the interview threatened me - said I could easily be deported for that conviction which was mistakenly put as "felony - weapons manufacturing" on their INS files. ?? He said I'd get a notice with a day and time to see a judge. This was March/2002. Still waiting. Certified letters and phone calls haven't accomplished anything.

    My girlfriend, whom I have been with for the past 14 years (and could attest to my excellent moral character), says I should drop the case. She's afraid I might get deported. We've done a little Internet research about weapons convictions. I would even reopen my case to prove my innocence. What should I do?? Help...

    Any info is greatly appreciated.
    Thanks.

    Comment


    • #3
      e-mail me! o151515o@mailcity.com

      Comment


      • #4
        1. weapons and firearms convictions in particular are immmediatly removable. It doesn't make a difference if it's a misdemeanor or felony. SIMPLE possesion is the only exception to that, but if it's concealed and then it wouldn't be simple anymore,it is not...

        2. you can't naturalize or adjust status if your removable.

        3. would you qualify for a chancelation of removal? check on the laws if you do
        I think you would from what your syaing, but remember there must be a USC/LPR that would be suffering "beyond, reasonable, extreme, unusual and googleplex"

        Comment


        • #5
          Thanks, Acelaw. How can I find out if I have SIMPLE possession? The only info I have is Count 1 of 12020 PC.
          Thanks.

          Comment

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