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Can a naturalized citizen be deported after sentence

Riverview, MI |

i have 2 scenario both were us citizen by naturalization 1 . convicted of 1 count of moving violation causing death sentenced to 1 year . 2 . convicted of Medicare fraud sentence to 60 months released in 48 months . after sentencing will both person be deported to their born country other than the above harding they have no other charge or conviction or jail time n their life .

Attorney Answers 3

Posted

Generally speaking, a U.S. citizen cannot be deported. However, a naturalized citizen can be denaturalized and once they lose their U.S. citizenship, then they can be deported. You should speak with an immigration law attorney to review their criminal and immigration histories to see if they are at risk for being denaturalized or deported. It is often better to be proactive about these things rather than wait for the government to make the first move.

The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known and detailed research has not been undertaken. 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 require an investigation into all 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. Use these answers at your own risk.

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Posted

They would have to be denaturalized first, which usually only occurs if the naturalization was obtained through fraud. Good luck to you.
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Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Posted

If the crimes were committed before the person submitted the naturalization application, then the person could be denaturalized for fraud due to not reporting their commission of the crimes on their application. If the person is denaturalized and returned to permanent resident stauts, then the person could be deported if the crime is one that makes the person deportable (Medicare fraud would almost certainly make one deportable). If the crimes were committed only after the person naturalized, then the person cannot be deported.

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1 comment

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer

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