Renewing greencard with a felony

[Lemonslice 4,556]

@lauratru why not request your passport first?  Then, you can assist your brother with his application...

[lauratru 4]

13 minutes ago, Lemonslice said:

@lauratru why not request your passport first?  Then, you can assist your brother with his application...

I am actually going through that process as we speak, his scenario was different from mine so I had to ask the forum for advice.  Thank you ! 

[lauratru 4]

2 hours ago, James120383 said:

Its going to be very deny passport to a US citizen. Its extremely rare and very difficult as this. there have been only 228 denaturalization cases in the last 15 years.  

So is it possible he can get denaturalized? The only felony he has was involving-in an  unLicense of a weapon.

[Just Paul 4,591]

3 minutes ago, lauratru said:

So is it possible he can get denaturalized? The only felony he has was involving-in an  unLicense of a weapon.

Reread the top of the post by @JeanneAdil

[African Zealot 1,452]

33 minutes ago, lauratru said:

So is it possible he can get denaturalized? The only felony he has was involving-in an  unLicense of a weapon.

It is possible for any naturalized citizen to get denaturalized if they meet the criteria for such. The criterial including obtaining citizenship by fraud or misrepresentation and/or having committed certain crimes before becoming naturalized. You are now wandering into territory that I believe does not concern you.

 

So far as you were minors and received derivative citizenship lawfully and correctly, any crimes your brother committed after obtaining citizenship does not lead to denaturalization. Once again note that the effective date you became citizens is the day your parents took the oath. The documents proof you are now requesting are just proof.

[JFH 12,189]

17 hours ago, lauratru said:

I was 14 & he was 13

Were you green card holders and in the physical and legal custody of the parent at the time of his/her Naturalisation? 

I don’t see that it was confirmed that you (or more importantly, your brother) was actually living with the parent when they naturalized. One assumes so since you were minors and in this country but it’s not necessarily the case. 

 

Edited October 28, 2020 by JFH

[JFH 12,189]

3 hours ago, James120383 said:

Its going to be very deny passport to a US citizen. Its extremely rare and very difficult as this. there have been only 228 denaturalization cases in the last 15 years.  

Being barred from obtaining a passport is not the same as denaturalization. People with certain drug trafficking crimes don’t lose their citizenship but they are barred from traveling overseas. Not being eligible to obtain a passport (and therefore leave the country) does not equal losing citizenship. 

Edited October 28, 2020 by JFH

[lauratru 4]

39 minutes ago, JFH said:

Were you green card holders and in the physical and legal custody of the parent at the time of his/her Naturalisation? 

I don’t see that it was confirmed that you (or more importantly, your brother) was actually living with the parent when they naturalized. One assumes so since you were minors and in this country but it’s not necessarily the case. 

 

Yes we were both in custody of our mom when she became a citizen

[JeanneAdil 6,203]

3 hours ago, lauratru said:

So is it possible he can get denaturalized? The only felony he has was involving-in an  unLicense of a weapon.

nope ,  he gets to go to jail like the a USC

 

 you do need to know the court disposition of this case and if they say about the type of weapon 

if it deems the weapon (say an Uzi) and was used in a crime,  that is entirely different story

so,,  get copy of the court papers and see if it says, it was deemed an act of terror to possess the gun

 

[JFH 12,189]

2 hours ago, lauratru said:

Yes we were both in custody of our mom when she became a citizen

Good. Then you are both US citizens as you were minor GC holders at the time. 

[discoverusa 229]

Please let us know how it turns out for both of you. 

[lauratru 4]

On 10/28/2020 at 8:57 PM, discoverusa said:

Please let us know how it turns out for both of you. 

**update so far I was able to get my passport and citizenship, once I received the paperwork’s my brother will do the process I will keep you guys updated**

[discoverusa 229]

23 minutes ago, lauratru said:

**update so far I was able to get my passport and citizenship, once I received the paperwork’s my brother will do the process I will keep you guys updated**

Good luck! 

[lauratru 4]

On 10/27/2020 at 8:52 PM, lauratru said:

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! 

** Update I did receive my passport, once I receive all my paperworks I will send them to my brother.. oh I need advice on this one, so my brother just threw a curve ball at me and he is on probation he has about 1+ of it left. Would this stop him from getting his passport??many thanks !!

[HRQX 4,145]

35 minutes ago, lauratru said:

so my brother just threw a curve ball at me and he is on probation he has about 1+ of it left. Would this stop him from getting his passport??

If a condition of his probation is to not leave the US then DOS cannot issue the passport until the probation ends.

 

An expensive option would be applying for Certificate of Citizenship from USCIS. His criminal history after becoming a citizen as a child per INA 320 should not factor into his N-600 application. A citizen is a citizen. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4 The form doesn't even ask about arrests, citations, convictions, etc. etc. https://www.uscis.gov/sites/default/files/document/forms/n-600.pdf The form can also be submitted online. https://www.uscis.gov/n-600

Edited February 17, 2021 by HRQX