Will I qualify for citizenship? 5 Answers as of January 06, 2011

Due to this poor economy I lost everything including my business. Because of that I owe $52,000 to state sales tax and they made a criminal case against me and offered me with probation and restitution paid with withheld judgment. How this will affect my green card and am I also eligible for citizenship>

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am sorry for the loss of your business. It is likely that, even though there is a "withheld judgment" determination that is made on your probation-restitution sentence, that ICE will consider your judgment a case, since this may be tax evasion, and since it involves an offense involving an amount over $10,000, it is a felony case considered a crime involving moral turpitude (CIMT). That will probably prevent you being granted citizenship, and you could not only be denied, CIS may refer the case for possible removal/deportation through a proceeding before an Immigration Judge. However, some tax cases are designated as misdemeanor offenses, and the technical elements of some other offenses may lack what is required to bring you under the class of cases that would trigger deportation, which if that is true, could, if not followed by another offense for at least five years before your application for naturalization, leave you eligible to receive citizenship after all. If you wish to discuss the matter more fully, feel free to call or e-mail me to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 1/6/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
What was the criminal charge as it could be a deportable offense or at the very least evidence of bad moral character thereby allowing them to deny your citizenship.
Answer Applies to: Florida
Replied: 12/22/2010
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
It does not sound like the basis to revoke permanent residency or deny citizenship but I would need to see the actual conviction documents. Why did you plead guilty in a criminal matter if the economy caused the problem? Seems like it should have been civil only.
Answer Applies to: California
Replied: 12/16/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
You may be subject to a deportation hearing because this a felony and a crime of moral turpitude.
Answer Applies to: Tennessee
Replied: 12/16/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If the judgment is withheld, you do not have conviction. You should be fine.
Answer Applies to: Florida
Replied: 12/15/2010
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