Need an Expert's opinion

[Vagabond]

It has been over 5 years now since I received my GC and my record has stayed clean since that incident, the Q is:
Can I apply for naturalization?
Or am I barred for good because of the aggravated felony situation?

I have contacted 2 lawyers and they gave contradicting answers.
Your help/comments will be greatly appreciated.

[Vagabond]

It has been over 5 years now since I received my GC and my record has stayed clean since that incident, the Q is:
Can I apply for naturalization?
Or am I barred for good because of the aggravated felony situation?

I have contacted 2 lawyers and they gave contradicting answers.
Your help/comments will be greatly appreciated.

[sappyconifer]

An applicant is permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the INA (Act) on or after November 29, 1990.
A person also cannot be found to be a person of good moral character if during the last five years he or she:

1. committed and been convicted of 1+ crimes involving moral turpitude
2. committed and been convicted of 2+ offenses for which the total sentence imposed was 5+ years
3. committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
4. was confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180+ days
5. committed and been convicted of 2+ gambling offenses
6. earned his or her principal income from illegal gambling
7. involved in prostitution or commercialized vice
8. involved in smuggling illegal aliens into the USA
9. habitual drunkard
10. practiced polygamy
11. willfully failed or refused to support dependents
12. given false testimony, under oath, in order to receive a benefit under the INA.

http://uscis.gov/graphics/services/natz/general.htm

[mohan]

you were already issued Green card . You will be able to file for Naturalizations because you already passed the bar time of five years.
ou must mention the whole case history in your N-400 application and also the result to get your GC back.
In above the Act of 1996 should not have stopped you because you were grandfathered. service appealed the decision makes you drag the case between courts but final outcome went in your favour( it must be someone NEw Service counsel who want to waste his time to appeal the IJ's Decision)

[marmaduk]

Ok, lemme get this straight. So even if you commit a crime of moral turpitude but you didn't lost your GC nor deported, you can file N400 after the 5yrs period? Regardless whether its aggravated felony level or above?

[Vagabond]

Thank you Mohan for your input, you make a good point, but what about the retroactivity ****? Is there a section in the law or a previous case that was won based on grandfathering?

Can the examining officer make a decision on his own or does this have to go before an immigration judge for a final the decision??

[Vagabond]

I was told by a lawyer that has experience in these kinds of cases that I can apply for citizenship and it would be totally up to the interviewing officer to decide whether I have established good moral character for the last 5 years or not, as long as I do not conceal any facts from INS on the application or during the interview. It is totally up to the officers' discretion, if the officer decides that I qualify I would be granted citizenship so I will apply, keep my fingers crossed and hope that I will meet with a sympathetic officer.

[dev199108]

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