Can I apply for a N-400? 10 Answers as of January 11, 2011

I am a green card holder and going to apply N-400, I owe las vegas casino $135000. The D.A made a criminal case against me which is felony. I went though O.R walk-though process and waitting for court date. Can I apply for citizenship during this time? What would happend to my petition?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I wouldn't do it. You would have to have no criminal felony offenses involving moral turpitude, and this is one. What is more, it cannot happen, even if it isn't a crime involving moral turpitude, or an aggravated felony, which any tax fraud above $10,000 is, it is within less than five years before your application. You will need a criminal lawyer with a significant immigration background, to find a way to plead you out without a formal plea of guilty to fraud. Best to you.
Answer Applies to: California
Replied: 1/11/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
An active felony case would make it difficult to show the requisite good moral character to have citizenship granted. A more immediate concern is that you not lose your permanent residency so it is important to have your criminal attorney coordinate with immigration counsel before agreeing to any plea to a felony.
Answer Applies to: California
Replied: 12/29/2010
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
You need to contact an immigration lawyer with your case. You will need to inform the lawyer about the specific charges filed against you and see if there would be an opportunity for you to settle this case.
Answer Applies to: Florida
Replied: 12/29/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
You must hire a Criminal Defense lawyer to fight the Theft case since these felonies are grounds for removal.
Answer Applies to: Tennessee
Replied: 12/29/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Probably be denied and could result in the initiation of removal proceedings against you (in my opinion).
Answer Applies to: Virginia
Replied: 12/28/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    You are not eligible to file for naturalization if you are on probation or a case is ongoing. Better consult with an immigration attorney who can work with your criminal law attorney. The attorney will need a copy of the complaint with the exact section of the penal code at issue, and the police report. Laws relating to immigration and criminal laws are very complex. A plea under a certain section of the law can either save you from deportation or make you safe from it. MOst criminal law attorneys do not understand immigration law enough: the deal could be good for an American citizen, but could be a desaster for a green card holder. Do not wait to enter a plea before consulting an immigration attorney.
    Answer Applies to: California
    Replied: 12/28/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    If you have moral turpitude conviction, your application will be denied. However, if you apply now and hire a lawyer to help you with an argument about your arrest, which is not conviction, you may avoid
    this risk.
    Answer Applies to: Florida
    Replied: 12/28/2010
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    You can, but there really is not any point since they are not going to approve the case while criminal matter pending and you MUST disclose it. I would seek advice from a criminal attorney immediately and certainly PRIOR to any pleas as you could end up deportable if you are not careful.
    Answer Applies to: Virginia
    Replied: 12/28/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    If you apply for Naturalization while the case is pending, the USCIS will not approve your case until the case is resolved. If convicted, even if the crime does not make your deportable, the USCIS will likely not approve it until your probation is over. I strongly recommend that you consult with an immigration attorney regarding your pending criminal matter since the outcome of the case could have serious immigration consequences, including being deported.
    Answer Applies to: California
    Replied: 12/28/2010
    The Vega Law Firm
    The Vega Law Firm | Linda Vega
    In order to qualify for naturalization you must demonstrate good moral character. The charge that you have is a felony but in immigration could be seen as an obstacle to your obtaining citizenship. Please do not file your application without consulting with an immigration an attorney. You are welcomed to call our office.
    Answer Applies to: Texas
    Replied: 12/28/2010
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