alert for lawful permanent residents who want to apply for ... · alert for lawful permanent...

Alert for Lawful Permanent Residents who want to apply for U.S. citizenship but have past criminal histories This alert is not a substitute for individualized legal advice. Consult a lawyer to find out about your specific situation. © Immigrant Defense Project, May 2017 If you are a lawful permanent resident (“green card” holder) and have ever been arrested – regardless of the outcome of the case – consult a lawyer BEFORE applying for U.S. citizenship! The mandatory background check will show your complete criminal history – including sealed or dismissed cases. If immigration believes you can be deported for your criminal record, they will likely start a deportation case against you and may even detain you in a jail. Instead of becoming a U.S. citizen, you could face deportation. Even if you don’t have a “deportable” offense, your criminal history could make you ineligible to become a U.S. citizen temporarily or permanently – leading your application to be denied and you to lose your filing fee. BEFORE applying, get screened by an expert in criminal-immigration law! COLLECT the following documents for screening with a lawyer: In every place where you’ve been arrested or given a ticket by police, get: • ALL certificates of disposition, even if charges were dropped, dismissed or expunged • Decline to Prosecute letters If you’re unsure of how to do this, contact the court clerk to request information. BEWARE: Even cases that seemed minor, were a long time ago, or where charges were dropped can be a problem! ASK the lawyer the following questions before applying: • Will my citizenship application lead the government to try to deport me? o If I face deportation, would I be eligible to ask a judge to let me stay in the U.S. and keep my green card? Would I be detained in an immigration jail while fighting my case? • Does my criminal history make me ineligible for citizenship? • Would vacating the conviction(s) in criminal court or applying for a pardon allow me to get rid of the “deportable” offense(s) or become a U.S. citizen? If you have had a criminal case in New York, Immigrant Defense Project can advise about how it impacts your status or eligibility for citizenship. Connect with us: 212-725-6422 For more information on citizenship: immdefense.org/natz

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Alert for Lawful Permanent Residents who want to apply for U.S. citizenship

but have past criminal histories

Thisalertisnotasubstituteforindividualizedlegaladvice.Consultalawyertofindoutaboutyourspecificsituation.©ImmigrantDefenseProject,May2017

Ifyouarealawfulpermanentresident(“greencard”holder)andhaveeverbeenarrested–regardlessoftheoutcomeofthecase–consultalawyerBEFOREapplyingforU.S.citizenship!Themandatorybackgroundcheckwillshowyourcompletecriminalhistory–includingsealedordismissedcases.Ifimmigrationbelievesyoucanbedeportedforyourcriminalrecord,theywilllikelystartadeportationcaseagainstyouandmayevendetainyouinajail.InsteadofbecomingaU.S.citizen,youcouldfacedeportation.Evenifyoudon’thavea“deportable”offense,yourcriminalhistorycouldmakeyouineligibletobecomeaU.S.citizentemporarilyorpermanently–leadingyourapplicationtobedeniedandyoutoloseyourfilingfee.BEFOREapplying,getscreenedbyanexpertincriminal-immigrationlaw!

COLLECTthefollowingdocumentsforscreeningwithalawyer:

Ineveryplacewhereyou’vebeenarrestedorgivenaticketbypolice,get:• ALLcertificatesofdisposition,evenifchargesweredropped,dismissedorexpunged• DeclinetoProsecutelettersIfyou’reunsureofhowtodothis,contactthecourtclerktorequestinformation.BEWARE:Evencasesthatseemedminor,werealongtimeago,orwherechargesweredroppedcanbeaproblem!

ASKthelawyerthefollowingquestionsbeforeapplying:

• Willmycitizenshipapplicationleadthegovernmenttotrytodeportme?o IfIfacedeportation,wouldIbeeligibletoaska

judgetoletmestayintheU.S.andkeepmygreencard?WouldIbedetainedinanimmigrationjailwhilefightingmycase?

• Doesmycriminalhistorymakemeineligibleforcitizenship?

• Wouldvacatingtheconviction(s)incriminalcourtorapplyingforapardonallowmetogetridofthe“deportable”offense(s)orbecomeaU.S.citizen?

IfyouhavehadacriminalcaseinNewYork,ImmigrantDefenseProjectcanadviseabouthowitimpactsyourstatusoreligibilityforcitizenship.

Connectwithus:212-725-6422Formoreinformationoncitizenship:immdefense.org/natz

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