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  1. #1
    Join Date
    Dec 2009

    Default Permanent Resident Status After Naturalization Denial

    Hello. I have a couple of questions regarding my status in the country. Any and all answers are appreciated.

    I currently have a Green Card which has recently expired.

    I was arrested in 2005 for a controlled substance felony. However, I was not convicted. I was placed into a pre-trial diversion program and upon succesful completion, the charges were dismissed. It is still on my file as an arrest but it clearly states that I was not convicted.

    I also have a couple of misdemeanors on my record but those came from reckless driving tickets and therefore are not my primary concern as of now but I still wanted to mention them. My understanding is that my Driver's Licence would be in jeopardy because of the tickets, not my legal status.

    I attempted applying for Naturalization and had an interview in December of 2006. In February of current year(2009) I received a letter stating that my request for Naturalization was denied based on lack of moral character because of the drug arrest. Lack of moral character was explained to me in terms of pleading "no contest" to the charge and therefore partially admitting guilt. The letter also stated that I would be eligible to re-apply for Naturalization after a 5 year period has elapsed since my release from the diversion program.

    I am currently trying to renew my Green Card and am worried about my legal status in the country as well as possible Deportation. Here are my questions:

    1. Can I lose my Permanent Resident status because of my arrest? Can my Green Card application get denied?

    2. Can I get deported because of the Naturalization denial? Since the USCIS did a full investigation of my file and found me ineligible for citizenship can they cancel my legal status in the country altogether?

    I am currently just worried about getting my Green Card renewal and not getting deported because of my childhood mistakes. I have really cleaned up my act since the arrest and have not even had a ticket since. All I'm trying to do is be a benefit to this country and not drag it down anymore.

    I have contacted an Immigration Attourney and he pretty much said that I might get a Notice to Appear because of my Naturalization denial. Although I did not receive one in the past 3 years since my interview, the lawyer stated that sometimes it takes some time to get one in the mail. What are the chances of me getting one?

    Upon discussion of renewing my Green Card the attourney stated that the background check is far less severe than that of Naturalization and therefore I might have a chance of getting it renewed.

    I am simply looking for a second opinion before I decide to go ahead and apply for my Green Card renewal. I do not wish to trigger a further investigation and therefore cause a possible deportation. If you have any suggestions or any kind of observations I will deeply appreciate any input.

    I apologize for the length of my post and Thank you for reading.

  2. #2
    Join Date
    Oct 2009

    Default Re: Permanent Resident Status After Naturalization Denial

    I cought up in some legal deportable trouble. Talked to a good immigration attorney. While it puts your citizenship application in jepardy... a good lawyer should be able to keep you in the country. However you need to ask a lawyer about that.

  3. #3
    Join Date
    Dec 2009

    Default Re: Permanent Resident Status After Naturalization Denial

    Thanks for the advice.

    If anyone else has anything to add I would appreciate it.

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