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  1. #1
    Join Date
    May 2008
    Posts
    9

    Default Naturalizing With Criminal Record

    Hello there,
    My husband is looking to Neutralize after being a LPR for more than 18 years now.
    However, we have had trouble applying for it (firstly our lawyer scammed us) and then we have the issue of his crimes.

    He was charged with a DUI in 1990, 1992, and 2002. He was charged with domestic violence in 2005 (serving 6 weeks in jail) even though he pleaded neither guilty or innocent.

    Most lawyers that we have talked to say that he will never be able to become a citizen with those charges. But is that really so? I've read different opinions, such that only felonys = a peramanent ban on neutralization, or more than 365 days in jail.
    He's 53 years old now, has his own business, a new family with me, and a job.

    Does anyone know the chances of him passing neutralization? I just can't believe these little transgressions would cause a permanent ban on neutralization...

    Thank You.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Naturalizing With Crimiminal Record

    Those "little transgressions" are called "crimes".

    He has stacked the deck against himself. He has been told the odds. The only way to "find out for sure", though, is for him to apply for naturalization and see what happens.

  3. #3
    Join Date
    May 2008
    Posts
    9

    Default Re: Naturalizing With Criminal Record

    Well, I understand that they're crimes, but isn't there some sort of clause that if a LPR isn't sued before 7 years of being an LPR, they pretty much retain the same status as citizens do in court, or atleast cant be deported for them?

    Anyway, I just think it's odd that someone would be barred for life form Neutralizing from a crime, no matter how young they were when they did it, no matter their state of mind, no matter the person they are now...

    Would it be possible, at the very least, to have an immigration judge look over the crimes and petition?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Naturalizing With Criminal Record

    The only way to "find out for sure" what will happen is for him to apply for naturalization and see what happens.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Naturalizing With Criminal Record

    Quote Quoting Nemis
    View Post
    Well, I understand that they're crimes, but isn't there some sort of clause that if a LPR isn't sued before 7 years of being an LPR, they pretty much retain the same status as citizens do in court, or atleast cant be deported for them?

    Anyway, I just think it's odd that someone would be barred for life form Neutralizing from a crime, no matter how young they were when they did it, no matter their state of mind, no matter the person they are now...

    Would it be possible, at the very least, to have an immigration judge look over the crimes and petition?
    A single crime, yes.

    Your husband, however, is a chronic and repeat offender.

    He has had, what, 3 DUI's (one a felony) and a DV? Hmm.

    I give his chances 10%... and that is probably high.

  6. #6
    Join Date
    May 2008
    Posts
    9

    Default Re: Naturalizing With Criminal Record

    So there really isn't any way to increase it, regardless of how long he's lived here?
    That's ridiculous!
    Isn't admitting to those faults what makes USCIS forgive them, and the time difference between the offences?
    I just so silly, that USCIS doesn't care if you expunge them or not....

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Naturalizing With Criminal Record

    you cannot expunge a DV.

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