permanent resident with a felony

[jimc]

hello everyone, i have a couple of questions to ask you guys.
I am a permanent resident and have lived in the US for 16 years legally. During my teen years I have gotten into a bit of trouble and got convicted for a felony burglary. I believe it was 459, residential, and I was incarcerated for 1 year. It has been 6 years since the conviction and since then, I have been a model citizen or an alien if you will. My concern is that I want to take a vacation out of the country but I'm worried that I will be detained at the POE on the return trip because of the record. Is it safe to go on this vacation since it's been so long since the conviction? Will I be detained and processed for removal/deportation?

My second question is regarding naturalization. I'm concerned with the "good moral character" part of the process. Although I have been "naughty" during high school, I have cleaned up my act and I know that I have good moral character now. Will the felony permanently bar me from being an eligible candidate for citizenship? What exactly is "aggravated felony"?

[jimc]

hello everyone, i have a couple of questions to ask you guys.
I am a permanent resident and have lived in the US for 16 years legally. During my teen years I have gotten into a bit of trouble and got convicted for a felony burglary. I believe it was 459, residential, and I was incarcerated for 1 year. It has been 6 years since the conviction and since then, I have been a model citizen or an alien if you will. My concern is that I want to take a vacation out of the country but I'm worried that I will be detained at the POE on the return trip because of the record. Is it safe to go on this vacation since it's been so long since the conviction? Will I be detained and processed for removal/deportation?

My second question is regarding naturalization. I'm concerned with the "good moral character" part of the process. Although I have been "naughty" during high school, I have cleaned up my act and I know that I have good moral character now. Will the felony permanently bar me from being an eligible candidate for citizenship? What exactly is "aggravated felony"?

[Prof.]

Don't steal anything until you become a uS citizen....

On a serious note, you are eligible for naturalization, because over a period of 6 years, you have been a model citizen. I will go and get a record.... Oh... how old where you when you committed this buglary? If you were a juvenile, then the record is sealed permanently when you turned 18.

So, for now, go ahead and apply for USC. If possible, go and see if there's any record of the incident which could have made its way into the public record, instead of being sealed by the court. Being naughty in high school is not a crime of moral turpitude which will barred you from being naturalized. However, if you smoked pot or cold crack cocaine or meth, then you should NOT mentioned this in your application. Listen, those are things which you did in your stupid years, BUSH got a DUI, but still became the "stupidest" president of all time, and of all countries...

As for you, if you committed those acts: drugs, cocaine or prostitute, then don't mention them, because your application will be denied, and you will never become a USC. You need to mention only things which ARE on record, your arrest can be easily obtained, BUT your banging a prostitute cannot be found, unless that prostitute happen to be the USCIS officer interviewing you at your initial naturalization exam.... What are the chances??

Man.. go ahead and apply for USC now, because time is running out. What if your hand inadventently steals a CD? Then you have to wait another 5 years? Do it now and be done. Also, if you plan to travel, then go to court and bring a final desposition of this matter, and ensure that you carry it with you when you travel overseas, so as to not land in hot soup. Remember, POE officials are NUTS... so they can cause you a havoc in your life for NO reason at all, just because you have a greencard. If I were you, will apply for USC now, wait 6 month for the naturalization process to be completed and travel with a new US passport without any issues or concern about your coming back...

[jimc]

I was convicted after my 18th birthday so the record isn't sealed. Also, after my probation was over, motion to reduce to a misdemeanor was denied.

"An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990."
What is "aggravated felony"? Is it refering to a violent crime? Is burglary considered an aggravated felony?

I realize that it is best to leave the country after I become a USC but I had paid for the trip previous to my knowing of the potential problem at the POE. How likely is it that a permanent resident with a felony conviction over 5 years ago will get detained?

What do you mean by final desposition and how can I obtain it?

[Houston]

The problem is that, as you know, you were convicted of an aggravated felony and because of that, you will most likely be denied citizenship and placed in removal. If you leave the country and try to re-enter you could also face removal. you should talk to an attorney ASAP, never rely on a board for advice or guidance.
-THIS IS NOT LEGAL ADVICE-

[jimc]

I have spoken to many immigration lawyers and have been getting mixed answers regarding the reentry. That's why I'm here asking you guys to see if any body has first or second hand experience with such dilema (yourself, spouse, friend, or relatives).
The most helpful lawyer who also seemed to be most knowledgeable said, leagally, for my case, I can reenter because the conviction took place over five years ago. He's worried how knowledgeable or lack of the officers are at the POE to recognize and interpret the law.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> The problem is that, as you know, you were convicted of an aggravated felony </div></BLOCKQUOTE>
No, i don't know that. I don't know what is considered aggravated and what is not an aggravated felony. If aggravated means violent, then my conviction shouldn't fall in the agravated category because at the time of the crime, I was unaware that the crime has been committed. Even when I found out that the crime had been committed by the "genius" friend, he had not use violence to commit the crime. I was just guilty by association.

What is aggravated felony?

[Houston]

Section 101(a)(43):
(G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment [is] at least one year.

Your conviction seems to match this definition to the letter.

We agree that, since every word of Congress is supposed to have meaning in the context of the statute, the word "aggravated" should mean a specially severe felony and not every felony. This is not the case, in practice the term "aggravated" means just about "any" and what you did could be no different than murder, rape, sexual exploitation of children and any other "aggravated felony". Sad but true.

If indeed you're determined to be an aggravated felon, and the conviction was entered after you received your LPR status.... I don't have to tell you what will happen next.

Again, talk to an attorney as soon as possible.

-THIS IS NOT LEGAL ADVICE-

[jimc]

OK I'm calling the lawer for the USC.
Thanks Houston and prof.

Then how about reentry after the vacation? Is this not recommended or what the lawyer said about legally being able to reenter true?
It would be best to go after the USC but like I said before, the trip has been paid for before I found out about the possible problem at the POE.

Will I be detained at the airport for a felony that took place more than 5 years ago?

[Houston]

You don't seem to understand the magnitude of the situation you're facing.

[jimc]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> You don't seem to understand the magnitude of the situation you're facing. </div></BLOCKQUOTE>

enlighten me please.

If they wanted to deport me, they could have done that while I was incarcerated. I don't understand why, if they didn't do it the first time, they'll do it now when I am morally and ethically a good person.

[Houston]

You could very well be facing removal without relief. The law does not care about rehabilitation, family ties, hardships... None of that appears to be relevant when it comes to removal of LPR's convicted of aggravated felonies. Cancellation of removal is not even an option.
Maybe you were convicted under a statute that's not an aggravated felony, maybe you entered a plea to some other statute, nobody knows here but you.
The fact is that once the LPR is convicted of an aggravated felony, it's usually a matter of time until such alien is placed in proceedings and removed.
This "no relief" approach to removal was necessary given the "original" definition of aggravated felony, covering only felony convictions with conduct depraved enough to trigger very long prison sentences.The statute has turned into a draconian provision since the new definition of aggravated felony seems to cover most felonies with no "aggravated" factors whatsoever, even regulatory offenses requiring no criminal intent are covered by this new and broad definition."
You should consult with an attorney for all your legal questions, a public message board is not the place to discuss delicate matters.
-THIS IS NOT LEGAL ADVICE-

[jimc]

Thanks Houston, I'll contact a lawyer.

Is there a good reputable immigration lawyer or a firm in Los Angeles that you guys can recommend?

[dmartmar]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I have spoken to many immigration lawyers and have been getting mixed answers regarding the reentry. That's why I'm here asking you guys to see if any body has first or second hand experience with such dilema (yourself, spouse, friend, or relatives). </div></BLOCKQUOTE>

Search for the topic entitled "Please Help with DUI," started by "Looking for Help."

[Engaged]

I have a question, the waiver 212h is for people convicted of an aggrevated felony that have never been LPR's. If a person has never been an LPR but was in the process, and already had a work permit when they were convicted and then removed, can this waiver be used, since he was never an LPR???

[Layton2000]

Hi, I wasn't able to read most of the replies so mine just might seem a repetetion of the rest, I just wanted to add, that you probably know that you're in big trouble. The reason why you haven't been placed in removal proceeding while incarcerated may have been
a) a glitch in the system
b) because you're a national or citizen of a country that the U.S. can't remove people to

In any case, I would not travel and not apply for a naturalization, unless your conviction is made mood by any means (that could be done by several means:
a) re-opening the case with new evidence of your innocence... don't try this route if there is no point to it, meaning if your were guilty in the first place

b) with a good attorney, they could find a flaw in the whole process (and sometimes it's just a minor misspelling, or a formality that was applied wrongly) and make the entire conviction unapplicable.

c) get a unconditional pardon from the governeour of your state or the president of the United States (very very difficult unless you have some party connections...)

So, it's compicated and since you've done some serious homework, you know that most attorney will cost you a lot of money without giving you any real advise. Watch the laws and changes, amnesties etc. 6 years is not a long time after this very serious conviction (before 1996, there was a statute of limitation of 10 years, and you were permitted to start a clean slate after 10 years of good behaviour! Good luck!