Can I Obtain US Citizenship with My Criminal Record

[CitizenshipSFO]

Hi-

I'm a "green card" holder in the United States. I plead guilty in 2003 (about 6.5 years after getting my green card and the crime happened 5.5 years after my green card) to a 245(A)(1) in California. This is an "assault with a deadly weapon." The weapon was a knife with a 4 inch blade. In the event, nobody was physically hurt whatsoever. I was charged with this because I pulled out the knife and threat alone is grounds enough for the charge. It is a felony with a max sentence of 3 years, but I was sentenced to 90 days and only had to serve 60 in county jail. Since the time, it was reduced to a misdemeanor and then expunged from my record by the same judge that took my plea bargain. There were no violations to probation at all. I've heard it is irrelevant for immigration purposes, but I mention it just in case. It is my only brush with the law.

Since the time of the conviction, I've held jobs, internships, earned a High School degree and a 4-year College degree. I was also admitted to a Masters program in Management although I chose not to go. I do not owe or failed to file for taxes. I don't owe anyone any child support or any other things of this nature. It has been 5.5 years since my conviction and would like to obtain a US Citizenship.

I must also add that my green card expired about a year ago and was successful in obtaining renewal of the green card. I went to an attorney to make sure I could do my renewal without a problem. The lawyer said I would have no problems at all. He said that I could not be deported for this offense because it happened 5 1/2 years after getting my green card. He said I could do the renewal process myself, and he was right.

My question is: Can I get U.S. Citizenship? Will they try to deport me if they deny it? If they try to deport me, can I have a 212(c) waiver?

[LawResearcherMissy]

You MIGHT be able to get citizenship. Or, you may quite possibly be deportable.

Don't try to apply for citizenship without the help of an attorney.

[CitizenshipSFO]

You MIGHT be able to get citizenship. Or, you may quite possibly be deportable.

Don't try to apply for citizenship without the help of an attorney.

Thanks for replying, but I must say that this is not an answer at all.

Why would I be deportable if according to my crime I cannot lose my green card?

[Mr. Knowitall]

You have your lawyer's advice. You don't want to hear anything else. So go with what your lawyer told you.

[CitizenshipSFO]

You have your lawyer's advice. You don't want to hear anything else. So go with what your lawyer told you.

It's not that I don't want to hear what others have to tell me. The lawyer I had was for green card renewal only. I'm trying to do a different process that triggers different consequences. When someone answers to me "maybe" and "contact a lawyer," they are effectively not giving me any answer at all. I've thanked the person because I know they mean well, but I'm also conveying to them that they haven't answered my question in hopes that they may be able to answer if I clarify. Please don't get offended so rapidly when no offense has been handed.

[LawResearcherMissy]

When someone answers to me "maybe" and "contact a lawyer," they are effectively not giving me any answer at all.

Try reading the link you were given - it's clear that you haven't.

It isn't just the Immigrant Defense Project that will tell you "Maybe, you need to get a lawyer to go over the specifics of your situation to be sure." The USCIS will tell you the same thing.

Understand, you're not entitled to any answer at all here. If you can't say "Thank you" and move on, don't say anything and go pay a pro.

[CitizenshipSFO]

Try reading the link you were given - it's clear that you haven't.

It isn't just the Immigrant Defense Project that will tell you "Maybe, you need to get a lawyer to go over the specifics of your situation to be sure." The USCIS will tell you the same thing.

Understand, you're not entitled to any answer at all here. If you can't say "Thank you" and move on, don't say anything and go pay a pro.

I don't know why you're getting so defensive. If my language was offensive, I apologize. I don't believe I'm entitled to an answer. I'm simply stating that the answer that you have given me doesn't answer any of my specific questions. I'm simply want clarity if you can provide it. If you can't, that's fine. I don't believe that you or anyone else on these forums must answer.

I have read your link, but it still doesn't answer my question. It's worded vaguely in many parts and doesn't answer the specific questions I have. My main question being: I know that for Green Card purposes, I cannot be deported, but if I apply for US Citizenship, is there some kind of different law that applying for citizenship will make me deportable or lose my Green Card status? Is applying and getting denied automatically a deportation case? Can I appeal or get waivers?

I did thank you before, and I thank you again.

[LawResearcherMissy]

My main question being: I know that for Green Card purposes, I cannot be deported, but if I apply for US Citizenship, is there some kind of different law that applying for citizenship will make me deportable or lose my Green Card status? Is applying and getting denied automatically a deportation case? Can I appeal or get waivers?

Asking again does not change the answer.

It's highly dependent on the specifics of your situation and you need a lawyer to make sure everything is sorted out.

That's the answer. There is no other.

[CitizenshipSFO]

Asking again does not change the answer.

It's highly dependent on the specifics of your situation and you need a lawyer to make sure everything is sorted out.

That's the answer. There is no other.

Thank you.

I read your pamphlet and it says that my crime is not deportable. I was wondering in my second question if the U.S. could deport me anyway. Meaning, can they deport you just for whatever excuse they want or is it only because the crime is deportable. Is being denied citizenship an automatic deportation case.

I will ask a lawyer to make sure everything is sorted out.