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Am I able to do the naturalization?

Houston, TX |

I just got deferred adjudication because of highway racing for 2 years term. I'm about to apply for citizenship this month. Would that stop me from the process ?

Attorney Answers 4

  1. It appears to be ok, but I would recommend consulting an experienced attorney before applying for Citizenship.

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012

  2. Deferred adjudication under Texas law does count as a "conviction" under US Immgigration laws although not Texas criminal procedure. So, if you are on deferred adjudication now for 2 years, you must not apply for naturalization at this time since USCIS will deny your application if you are on deferred adjudication. Even after the deferred adjudication period ends, I would still recommend you do not file for naturalization and meet with competent immigration counsel first to carefully review the plea agreement. In general terms, USCIS will look back at the "statutory period" when filing for naturalization. This period depends whether you filing under the 5 years, 3 years or 1 year. So, again, its too simplistic to say that you're going to be ok or not. I would like to see the exact plea agreement. Remember in Texas and Harris county the judge will make you plead guilty despite giving you deferred adjudication as a condition of the plea, this is clearly a conviction for immigration purpose as per the BIA. Therefore, for now, do your best to successfully complete your deferred and then consult competent immigration counsel to determine whether you should file for Natz or wait.

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