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I am been charged with an aggravated felony for four counts

 
Longhorn Lawyer's Avatar
  • Answered by:Longhorn Lawyer
  • Immigration Attorney
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Customer Question

I am been charged with an aggravated felony for four counts of check fraud its was under 450 with all four counst. Combined but acording to inmigration i could be deported becaused i was sentenced 12 months for each count my question is do i have any chance of staying in the us i am a us resident and that happen on 2003 and been. Lean sinsce than i have 3 kids born here in the us and i have never lived in mexico.

 

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State/Country relating to Question: Georgia

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Contacted an inmigration lawer got charged 6000 i paid him in 2009 but hes saying i dont have much of a chnace since am been charged with an aggravated felony I could be expeled fron the us forver with out a chance cor a trial

Submitted: 105 days and 20 hours ago.
Category: Immigration Law
Value: $48
Status: CLOSED
Expert:  Longhorn Lawyer replied 105 days and 20 hours ago.

If you are eligible to apply for Citizenship, this is probably the best and only option you have at this time. As long as you have 5 years of good moral character prior to applying for Naturalization, you should be eligible. If you wait,and try to apply for a renewal of your green card/permanent resident status, you will be denied, and placed in removal proceedings.

The longer the time between the convictions and application for naturalization, the better.

I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions.

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Customer replied 105 days and 20 hours ago.

Thats the problem acordind to them i lack good moral charater and i an ineleglible for citizenshipBecause of those counts

Accepted Answer

Expert:  Longhorn Lawyer replied 105 days and 19 hours ago.

But good moral character must be established for 5 years prior to applying for citizenship, not forever. IT is true that the USCIS can look at years prior t the 5 years, but generally, they take only the 5 years prior to application for naturalization into account.

I just had a client that had an extensive criminal records from 10 years ago, and he was approved. The reasoning was that he has had good moral character for the past 5 years, and has shown himself to be rehabilitated.

This is the only way you have any chance to stay. I'm not saying it is a guarantee, but it is your best chance. IF you apply for a renewal of your Green Card, you may be put in removal proceedings, simply because if you have any of these types of crimes on your records, not even god moral character for 5 years will help you.

I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions.

Note that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to answer them for you.

Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put [b ]"TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer.

Thank you!

Expert TypeImmigration Attorney
Pos. Feedback: 98.5 %
Accepts: 3753
Answered: 2/7/2012

Experience: Experienced in all aspects of immigration and nationality law.

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Customer replied 104 days and 8 hours ago.

but what does differ inspection mean can i be arrested when i go to see the inmigation judge because thats what happen when i came back and they put paroled on my passport.

Expert:  Longhorn Lawyer replied 104 days and 3 hours ago.

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Customer replied 101 days and 12 hours ago.

Well i am worried to death i been here all my life and acordding what i have read so far if you been. Charged of an aggravated felony your n-400 would be denied because moral turpitude crime count as aggravated felonies ?

Expert:  Longhorn Lawyer replied 101 days and 6 hours ago.

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