Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2014
    Posts
    2

    Default Applying for Citizenship With a Ten-Year-Old Felony Record

    This is an inquiry for a dear friend. At age 20, he was pulled over for speeding in Houston, TX. Subsequent search revealed a small amt of cocaine (which belonged to a friend who was not in the car.) My friend was arrested, charged w/ felony possession & given 3 options: 1) Serve a 5-yr term; 2) they would charge his father, in whose name the car was registered; or 3) take deferred adjudication, serve probation, a fine of $350 & community service. His atty. advised #3. To protect his father & his lousy friend, my friend pled "no contest" and took option 3. This is his one and only offense. He is now 30 yrs old.

    This one conviction aside, he has been a law-abiding, contributing member of American and Texan society. He is a professing Christian w/ a history of an active church life & a productive employment history. He pays his federal taxes yearly and on time (w/ a Social Security # which is attached to an alien ID # AND which the IRS has yet to question at tax time.) My friend has many friends who are born citizens of the US who are willing to speak on his behalf as to the quality of his character.

    Some backstory: My friend was brought across the Texas/Mexico border as an infant, grew up believing he had been born a US citizen, attended Houston-area schools, was a decorated member of JROTC in high school w/ aspirations to join the US military, and graduated high school at the age of 16. Only when he was hired for his first job as a network admin asst. for a data-systems co. (soon after graduation) did my friend learn that in fact he is not a US citizen. Last year, he married a US citizen, and their hope was that his citizenship would be within easier reach. An immigration atty. has since advised him that there's "hope" for him if he can pay about $66,000 for the atty. to work out all the details. Is this an outrageous amount, or are we just naive?

    After many attempts to play the legal immigration/naturalization game, which is so costly in money and time (because of family circumstances, he missed taking advantage of the "Family Unification Act"; and now, at age 30, he's dangerously close to missing the "Dream Act") he became discouraged and made the mistake of befriending the wrong crowd and misplacing his loyalty w/ a "friend" who allowed him to take the fall. My friend has just been living under the radar ever since.

    My question: What hope does my friend have in obtaining legal status first and then US citizenship? What should he be prepared to pay for this privilege? Is it really a money- and who-you-know game? Any solid advice based in real knowledge of the laws of Texas & the US will be appreciated.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Applying for Citizenship With a Ten-Year-Old Felony Record

    First, he should find a different attorney. He may want to consult a social service agency which provides legal assistance on immigration based on ability to pay; they are less likely, IMO, to take advantage of him financially. Time is important because of the current immigration concerns.

    The amount of the attorney's fees will not guarantee success. One cannot "buy" a green card. There are so many possible outcomes based on the events about which you have no knowledge. He needs a good attorney ASAP. His first concern should be gaining permanent residency; application for citizenship triggers other reviews and may not be reasonable even if he receives a green card. He and his wife should have a plan for what happens if he is not granted residency because that is certainly a possible outcome.

    One can locate qualified immigration specialists at AILA and look at lawyer credentials at Martindale-Hubble.

  3. #3
    Join Date
    Jul 2014
    Posts
    2

    Default Re: Applying for Citizenship With a Ten-Year-Old Felony Record

    Thanks for the quick reply. Yes, we're quite aware of the fever pitch of current immigration issues. And it is a concern. I will forward your suggestions to my friend.

    I confess that in the past, I've held a pretty hard line on illegal immigration, but being able to put a human face on the theoretical issues has changed me. I recognize that there are probably many deserving, desperate people who are just trying to find something better. My friend is one of those people.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Applying for Citizenship With a Ten-Year-Old Felony Record

    I sympathize with people wishing to immigrate as well.

    I have a distant cousin who has wanted to do so since the early 1980s. She had no way to do so legally so she is still in her home country. While I understood, I could not condone or assist her remaining in the country illegally when she came for a visit. She is also a face of immigration. To make matters even more dramatic, she wanted to immigrate from a Communist country where she had no religious freedom and in a harsh climate with serious food shortages. Her situation was far more critical than those coming across the border from the south. Your friend has had the advantages of living in the US by virtue of illegal acts of his parents. My relative has not because she obeyed the laws - and there was no way for her to come legally.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Applying for Citizenship With a Ten-Year-Old Felony Record

    I suggest you pay for highly specialized lawyer since you are personally vested in his future. Alternatively, you could allow him to move into your home and use the money he saves on rent to pay a lawyer.


    Quote Quoting KSBBmom
    View Post
    Thanks for the quick reply. Yes, we're quite aware of the fever pitch of current immigration issues. And it is a concern. I will forward your suggestions to my friend.

    I confess that in the past, I've held a pretty hard line on illegal immigration, but being able to put a human face on the theoretical issues has changed me. I recognize that there are probably many deserving, desperate people who are just trying to find something better. My friend is one of those people.

    1. Sponsored Links
       

Similar Threads

  1. Naturalization: Applying for U.S. Citizenship with an Arrest Record
    By badecisionmaker in forum Permanent Residency and Naturalization
    Replies: 3
    Last Post: 12-10-2011, 12:38 PM
  2. Naturalization: Applying for Citizenship With a Criminal Record
    By tatolaw in forum Permanent Residency and Naturalization
    Replies: 2
    Last Post: 03-03-2010, 04:04 PM
  3. Criminal Law Issues: Applying for Citizenship With a Criminal Record
    By RealNeedofHelp in forum Immigration Issues
    Replies: 1
    Last Post: 10-25-2008, 02:29 PM
  4. Naturalization: Applying for Citizenship with a Previous Record
    By caff_2001 in forum Permanent Residency and Naturalization
    Replies: 4
    Last Post: 10-22-2008, 10:28 PM
  5. Naturalization: Applying For Citizenship With A Criminal Record
    By PhdLPR in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 06-11-2008, 04:16 AM
 
 
Sponsored Links

Legal Help, Information and Resources