I have applied for Citizenship and my lawyers is advising to abandon my application because of two violations of probation

Asked 12 months ago - Miami, FL

I have applied for Citizenship and my lawyers is advising to abandon my application because of two violations of probation committed in 1999 and second in 2002 because of cannabis in my system. First time I was given an outpatient drug program and no incarceration. Second time, 30 days in jail and the remainder of my probation was modified to a "Drug offender probation" I filed a Motion to termination probation in 2005 which was granted and never gotten in trouble again. I have two kids born here and my wife is an American Citizen. My lawyer's advise is that she is worried that if I continue they may arrest me and place me in deportation proceedings. I don't understand why? HELP ME PLEASE! should I get a second opinion?

Attorney answers (8)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    22

    Lawyers agree

    Answered . Your lawyer is correct. If you want a second opinion, schedule a legal consultation with an experienced immigration attorney.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Shahzad Ahmed

    Contributor Level 14

    11

    Lawyers agree

    Answered . Hello. I have handled similar cases. the first thing I evaluate for is whether you have sufficient good moral character for naturalization requirements. You have not been in trouble for the past 5 years, this looks good. Second, I evaluate for whether you are subject to deportation for the convictions. I would need to review your conviction records more closely in order to advise. Please obtain a full evaluation for your case. best regards,

  3. James Adrian Cueva

    Pro

    Contributor Level 13

    9

    Lawyers agree

    Answered . You should absolutely seek a second opinion. While it is true that convictions for drug offenses are grounds for exclusion and removal, you can overcome these issues with a waiver and with evidence that you have been rehabilitated and that you have avoided any further legal entanglements.

    The information on this website is provided as a service to the public. While the information on this site deals... more
  4. Jeff L. Khurgel

    Pro

    Contributor Level 19

    10

    Lawyers agree

    1

    Answered . It never hurts to second opinion, but an informed opinion here would require a look at your court and probation docs. Take them to an attorney in your area. It may be possible to file, but a careful review is required. Best of luck.

    Serving Clients in All 50 States -- Khurgel Immigration Law Firm -- Attorney Khurgel is a Former USCIS and... more
  5. F. J. Capriotti III

    Contributor Level 20

    9

    Lawyers agree

    Answered . More information is needed.

    Take the entire court file to another attorney for a 2nd opinion .

    You have described 4, not 2 problems: 2 convictions PLUS 2 probation violations ==> 4 problems.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  6. Maria Eugenia Macias

    Contributor Level 3

    7

    Lawyers agree

    Answered . Your attorney is concerned because the USCIS Officer may consider the probation violations as something called Crimes of Moral Turpitude (CIMT). CIMT e is a category of crimes that can have very serious immigration consequences. It is a vague term, and is not further defined in the immigration statutes. The detailed definition has been left to the courts and immigration officers to decide on a case-by-case basis. If the USCIS officer considers your probation offenses as CIMTs (which he has the right to do since he has discretion over your case) then you would be considered to have committed two CIMTs not arising out of a single scheme (event) after your admission to the United States (regardless of potential or actual sentence imposed), and this could make you deportable. This means that if the USCIS officer considers you deportable then you might be denied naturalization, placed in removal proceedings, lose your green card, and be deported. There is also the chance that the USCIS officer will not consider your offenses to be CIMTs and your application may be granted. Unfortunately, no one can guarantee what decision the USCIS officer will make and you should consider all of these factors if you are planning to proceed with your naturalization application.

    Read more: http://www.thakerlaw.com/naturalization/#ixzz2a...

  7. Jesus Novo III

    Contributor Level 14

    5

    Lawyers agree

    Answered . Seek a second opinion. While you may be subject to removal proceedings, I believe the cat is out of the bag and if Immigration wants to place you in removal proceedings, they already have enough to do that. At this point in time, you have nothing to lose by proceeding with your application. Your lawyer should have thought of this before submitting the application.

  8. Alexus Paul Sham

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I agree with your lawyer. Drug convictions can be very problematic. Consult another attorney for a second opinion.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,745 answers this week

2,833 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,745 answers this week

2,833 attorneys answering