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lauratru

Renewing greencard with a felony

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Hello everyone, 

I need your advice. Thank you for taking your time in reading my post! So my younger brother has an expired greencard, he is scared to get it re-new because he has a felony and is afraid of getting deported & getting the application rejected. Here is another curveball both of our parents became America citizens before we were 18, but didn’t bring us along with their citizenship, Who are both divorce at the time of citizenship. Can he still renew his greencard & still have the process go through?? Many thanks for taking your time writing your advice! 

Edited by lauratru
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If you’ve been convicted of a felony  hire an experienced immigration lawyer. Yes the law is clear that Felony is a possible deportation but not always as he would have to defend the case in case USCIS puts him infront on deportation line and he will have to defend the deportation infront of a immigration judge. 

 

I do not think this forum can advise as the issue is of serious concern and should be handled by an immigration lawyer.

 

You parents divorce is irrelevant in his case as he is already a green card holder 

duh

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3 minutes ago, James120383 said:

If you’ve been convicted of a felony  hire an experienced immigration lawyer. Yes the law is clear that Felony is a possible deportation but not always as he would have to defend the case in case USCIS puts him infront on deportation line and he will have to defend the deportation infront of a immigration judge. 

 

I do not think this forum can advise as the issue is of serious concern and should be handled by an immigration lawyer.

 

You parents divorce is irrelevant in his case as he is already a green card holder 

My thing is both of my parents are both citizens before we were 18 , would that effect or  Differ Him from being  Deported? Thank you 

3 minutes ago, James120383 said:

If you’ve been convicted of a felony  hire an experienced immigration lawyer. Yes the law is clear that Felony is a possible deportation but not always as he would have to defend the case in case USCIS puts him infront on deportation line and he will have to defend the deportation infront of a immigration judge. 

 

I do not think this forum can advise as the issue is of serious concern and should be handled by an immigration lawyer.

 

You parents divorce is irrelevant in his case as he is already a green card holder 


 

 

 

 

 

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Filed: AOS (apr) Country: Philippines
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3 minutes ago, lauratru said:

My thing is both of my parents are both citizens before we were 18 , would that effect or  Differ Him from being  Deported? Thank you 


 

 

 

 

 

How old were you and your brother when your parents naturalized?

 

Were you both green card holders when it happened?

Edited by payxibka

YMMV

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2 minutes ago, payxibka said:

Both greencard holders?

Yes that it correct, We both have greencard. So now his greencard is expire and is afraid if he renew it he might get deported , because of his felony in his youth years. 

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Filed: AOS (apr) Country: Philippines
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4 minutes ago, lauratru said:

Yes that it correct, We both have greencard. So now his greencard is expire and is afraid if he renew it he might get deported , because of his felony in his youth years. 

Sorry.  Were you Greencard holders when your parents naturalized.

 

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:
 
  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
  • The child is under 18 years of age;
  • The child is a lawful permanent resident (LPR); and
  • The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
Edited by payxibka

YMMV

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3 minutes ago, lauratru said:

Yes that it correct, We both have greencard. So now his greencard is expire and is afraid if he renew it he might get deported , because of his felony in his youth years. 

If you were a green card holder at the time a parent who had custody or joint custody of you then you would have derived citizenship when then naturalized.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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14 minutes ago, payxibka said:

Sorry.  Were you Greencard holders when your parents naturalized.

 

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:
 
  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
  • The child is under 18 years of age;
  • The child is a lawful permanent resident (LPR); and
  • The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

So how would he show that he is a citizen? Since he has a felony would that interrupt the process? 

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12 minutes ago, Paul & Mary said:

If you were a green card holder at the time a parent who had custody or joint custody of you then you would have derived citizenship when then naturalized.

How do I prove that I have citizens ship? Since he has a felony would that interrupt the process? 

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1 minute ago, lauratru said:

So how would he show that he is a citizen? Since he has a felony would that interrupt the process? 

Get a Passport or get a N-600 done

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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