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CITIZENSHIP AFTER CANCELATION OF REMOVAL WAS GRANTED? HOW ?WHEN

Rahway, NJ |

HELLO, I BEEN A PERMANET RESIDENT (NOT A CITIZEN) SCINCE 1992 GOT CONVICTED IN 2007 FOR POSSESION IN THE 4TH DEGREE (E FELONY) SENTENCED TO 5 YR PROBATION BECAUSE GOOD BEHAVIOR REQUESTED EARLY RELEASE AND WAS GRANTED IN 2011. IN 2013 ICE CAME TO MY HOUSE AND PICKED ME UP, WAS DETAINED FOR 5 MONTHS AND WAS GRANTED CANCELATION OF REMOVAL AND HAVE THE LETTER FROM IMMIGATION JUDGE MY QUESTION IS WOULD I EVER BE ABLE TO FILE N400 (U.S CITIZEN) AND HOW AND ALSO WOULD I BE ABLE TO TRAVEL OUTSIDE THE U.S WITHOUT BEEN HELD AGAIN

Attorney Answers 3


  1. Best to show your criminal and immigration papers to an experienced immigration attorney before filing for naturalization.

    Please see

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. To evaluate these issues properly, it would be necessary to review the facts, underlying immigration court history and documentation as well as your criminal charges and disposition sheet. You are urged to consult an experienced immigration attorney before taking any steps towards naturalization.


  3. Short answer is yes. Once you are granted cancellation of removal your slate is wiped clean and you can travel and become naturalized. You will be issued another green card if your old one is taken away but your residency date will not change. We had a similar case for simple possession of marijuana and after winning his cancellation we immediately filed for his citizenship which was granted.

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