Can Permanent Resident get deported for 10 year old crime when apply for naturalization?
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Can Permanent Resident get deported for 10 year old crime when apply for naturalization?
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A Permanent Resident, 10 years ago was found guilty of possesion of controlled substance, served no-time, paid fine and 1 year probation only, now 10 years later applys for naturalization. Can she/he be denied and deported?
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Fred S
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An applicant who has violated any law of the United States, of any state within the United States, or of any foreign country relating to a controlled substance is precluded from establishing good moral character, unless the violation was for a single offense of simple possession of 30 grams or less of marijuana.
Yes, the application for naturalization could be denied. Criminal offenses that preclude a noncitizen from establishing good moral character are generally those that render a noncitizen removable or inadmissible.
An alien who has been convicted of a controled substance violation is inadmissible (perpetually). The one year of probation is the same as time served.
A noncitizen is removable if convicted of an offense “relating to” a controlled substance, ... other than a single offense involving possession for one’s own use of thirty grams or less of marijuana.
The probability of receiving a removal order is greater than the probability of receiving a naturalization certificate for the person you're asking about.
See: AFM Chap. 73.6(d)(2)(C), 101(f)(3) of the Act, 8 CFR 316.10(b)(2)(iii), 8 U.S.C. § 1227(a)(2)(B), INA Section 212(a)(2)(A)(i)(II), INA Section 237(a)(2)(B)(i) |
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Julio
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yes |
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Critters
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