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2nd degree harassment in ny, apply for citizenship, is it deportable

Old Bridge, NJ |

Is it considered Crime involve moral turpitude.?Can you naturalize?The penal code in ny is 240.26. The result is 1 year probation and 3 day community service and a fine. When can this person apply for citizenship. If file, can this person be deported? How much is the chance to naturalize. it is almost 5 years after the arrest. Thank you.

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Attorney answers 4


Relax. No, that is not considered to be a CMT. You can apply for naturalization once you are no longer on probation. The "chance" for your naturalization application to be approved has a lot to do with your ability to otherwise prove to being a "person of good moral character" (not having any criminal history aside from this), as well as your being able to prove physical presence for the statutory period and your being able to pass the civics and English language test (very basic, for elementary school dropouts, don't worry..)

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It does not appear you have been convicted of a crime involving moral turpitude. At the very least, you cannot apply for citizenship until you have completed your probation and community service. However, I would need to review the entire criminal record to assess when it would be best to file.

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You need to review everything with a lawyer. No one who has a criminal conviction should apply for citizenship without a lawyer.


When a permanent resident commits a crime within 5 years of admission, he/she needs to be careful because he/she may be deportable under INA section 237. Harrassment and stalking can be crimes of moral turpitude depending on the state statute and the degree. I would recommend that you hire an attorney who can review your record very carefully before you apply for citizenship. Good luck!

This answer is for informational purposes only and should not be construed as legal advice.