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My brother was arrested for retail fraud, he has an appointment for his citizenship next month should he go or not?

Dearborn, MI |

the case is still in process, he has an arraignment next week, the whole process will take probably a month, if he goes to his appointment his case will be still pending, what should he do?

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Attorney answers 4


He should consult with an immigration attorney as soon as possible. Depending on exactly what the charges are, and depending on the outcome of the case in criminal court, it could result in denial of his naturalization application. More importantly, the outcome in criminal court could subject your brother to possible deportation proceedings. The details of the criminal charges are important, and so your brother needs to consider the immigration consequences of what happens in criminal court BEFORE he makes any decisions about how to plead, etc. in criminal court.

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I agree that he should speak to an immigration attorney but I also suggest he talk with a criminal defense attorney who has extensive experience handling retail fraud cases for non-US citizens. There are a number of ways these cases can be resolved which will minimize or eliminate any immigration consequences. There are also a number of ways that these cases can be resolved that will have a dire immigration implications and some lawyers do not fully understand how certain resolutions can impact a non-US citizen client.

Of course I have no idea what the facts of your brother's case are and I cannot give any specific advice without more information.

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Talk to the attorney who filed the citizenship application. Also, hire a good criminal attorney who understands the consequences of a conviction.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


As my colleagues indicated you should definitely meet with both an experienced criminal attorney and an immigration attorney to weight your options

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