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Aggravated Harassment, Misdemeanor in New York, applying for citizenship.

Jamaica, NY |

Hi, I'm a college student, 20 years old. I was convicted for Aggravated Harassment in May 2012 for anonymously emailing my friend. I have green card since 2005. I just had to do 28 hours of community service and the judge reduced charges to disorderly conduct and sealed it. My lawyer told me to apply for citizenship 6 months after conviction (in November, 2012). What should I do? The email I sent was just a joke but a friend of mine took some past revenge with me and made a police complaint. Please help me. Can I still become U.S. citizen? Is this a crime of moral turpitude? I have no other criminal charges on me. Its only this one.

Attorney Answers 4

Posted

Determining whether you committed a crime of moral turpitude would require a review of all the facts surrounding your conviction. I'd advise a client to wait at least five years after the conviction.

Consult with a competent attorney or BIA-accredited representative before filing for citizenship or traveling outside of the U.S, as travel could subject you to removal (deportation) proceedings upon reentry into the U.S.

-Dan
Daniel Green, Esq.
845-853-7302/347-245-7078
Serving the Hudson Valley, Northeast, and the World Beyond
www.hudsonvalleyimmigrationlaw.com
lawyer@hudsonvalleyimmigrationlaw.com
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402

This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.

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Asker

Posted

Hi, Thanks for the reply, but my criminal lawyer told me its a small crime. Sending an email to someone doesn't make you get deported. What should I do then? My green card is going to get expired in 2015. And he told me apply for citizenship in November, 2012. All records are sealed but I still have to mention everything when applying for citizenship.

Daniel E. Green

Daniel E. Green

Posted

You should do an in depth consultation with a competent attorney or BIA-accredited representative.

Posted

Mr Green gives great advice

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

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Asker

Posted

Hi, Thanks for the reply, but my criminal lawyer told me its a small crime. Sending an email to someone doesn't make you get deported. What should I do then? My green card is going to get expired in 2015. And he told me apply for citizenship in November, 2012. All records are sealed but I still have to mention everything when applying for citizenship.

Posted

Disorderly Conduct is not a crime in NY. I suggest you sit down with an immigration lawyer to go over your options. Deciding what to do based on different answers you get on-line is a bad idea because no one here knows the full facts of your case.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

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Asker

Posted

Hi, Thanks for the reply. I have no other criminal history. Its just this one and after community service, the judge reduced it to disorderly conduct. So, i'm just asking that is it safe to apply for citizenship within 6 months of conviction? I have heard many people with misdemeanor charges have become citizens and in my case, I just sent an email to my friend which was a joke! Please help me!

Posted

I am sorry to hear about your situation.

You should contact an attorney to discuss your questions as additional information would be helpful. What are the specifics of the charge? Do you prefer to take a gamble now or wait if it's safer but then it will take longer? Etc.

I wish you the best of luck.

Please remember that I do not normally monitor these questions after I have posted a reply.

Free phone consultation Monday — Thursday 1-5 pm.
Hayley Greenberg
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
(212) 593-6111, facsimile (516) 887-1720
(Additional offices: Brooklyn, Queens, Long Island)
www.GreenbergMerola.com

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