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2nd degree harassment in ny, apply for citizenship, is it deportable

Old Bridge, NJ |

Is it considered Crime involve moral turpitude.?Can you naturalize?The penal code in ny is 240.26. The result is 1 year probation and 3 day community service and a fine. When can this person apply for citizenship. If file, can this person be deported? How much is the chance to naturalize. it is almost 5 years after the arrest. Thank you.

Attorney Answers 4


  1. Relax. No, that is not considered to be a CMT. You can apply for naturalization once you are no longer on probation. The "chance" for your naturalization application to be approved has a lot to do with your ability to otherwise prove to being a "person of good moral character" (not having any criminal history aside from this), as well as your being able to prove physical presence for the statutory period and your being able to pass the civics and English language test (very basic, for elementary school dropouts, don't worry..)

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. It does not appear you have been convicted of a crime involving moral turpitude. At the very least, you cannot apply for citizenship until you have completed your probation and community service. However, I would need to review the entire criminal record to assess when it would be best to file.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  3. You need to review everything with a lawyer. No one who has a criminal conviction should apply for citizenship without a lawyer.


  4. When a permanent resident commits a crime within 5 years of admission, he/she needs to be careful because he/she may be deportable under INA section 237. Harrassment and stalking can be crimes of moral turpitude depending on the state statute and the degree. I would recommend that you hire an attorney who can review your record very carefully before you apply for citizenship. Good luck!

    This answer is for informational purposes only and should not be construed as legal advice.

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