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Immigration Dealing with INS and other related issues.

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  #1  
Old 10-26-2006, 11:25 PM
Yoats Yoats is offline
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Default Can a naturalized citizen be deported?

I am a naturalized citizen who recently signed a plea agreement with the Feds to one count of wire fraud and one count of tax evasion.

According to the INS website a natualized citizen can be deported for commiting two crimes of moral turpitude. Since the definition of moral turpitude is rather broad i am having trouble defining my situation.

Would the wire fraud and tax evasion be considered one crime [in the eyes of the INS] because they stem from one incident?

Would the INS even be notified because i am a citizen? During my FBI interview the final question they asked was "where were you born".

Is this something a Judge would decide?

I have no prior criminal history. I am looking at 33 to 41 months.

Please let me know if anyone has any information.

Thanks
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  #2  
Old 10-26-2006, 11:33 PM
chardju chardju is offline
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I think INS do what they want because me and my husband are married we got married 7/6/06 and he was on 7/27/06 pu tin jail for dui. and got 60 days. he was suppose to get out on 9/23/06 but never because of ins i know we didnt have time to do his green card yet but i sent in his papers who knows now i live in massachusetts they took him to new mexico and he missed our son being born. still trying to find what i can do so i dont lose my husband. he's from africa.
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  #3  
Old 10-27-2006, 03:58 AM
Demi Demi is offline
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This is tough! You are saying that wire fraud and tax evasion should only result in 1 count of moral turpitude as they stemmed from a single incident.
Sounds like a valid argument.

I don't know the answer. My web search did show that in 2005 a law was enacted that made it easier to deport naturalized citizens. Still, you don't seem to fit the examples they gave of naturalized citizens being deported. I don't even know that the courts have tried a case like yours. I wonder if the length of your sentence may have a bearing on it? Also, how long had you been naturalized when the crime occurred may play into it.

You may want to find a good immigration lawyer who can answer the moral turpitude question. Sorry I couldn't find anything.

Btw, are you sure you read it right? I found this:
***
Naturalized citizens are not generally affected by criminal convictions as long as the criminal activity took place after the naturalization procedure has been completed. Naturalized citizens will be treated as U.S. citizens for the purposes of penalties
***

Where I saw "moral turpitude" it used the word "Alien". Such as this excerpt:

Any alien who at any time after admission is convicted of two or more crimes of moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefore and regardless of whether the convictions were in a single trial, is deportable.

Last edited by Demi; 10-27-2006 at 04:17 AM..
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  #4  
Old 10-27-2006, 01:37 PM
CarlM CarlM is offline
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If it happened after you were naturalized, then no - you are an American and you cant be deported to America! However, if the crimes happened prior to being naturalized, then you would be accused of lying on your N-400, in which case your naturalization can be revoked, and yes - then you can be kicked out!
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Old 10-27-2006, 02:06 PM
Yoats Yoats is offline
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Thank-you for the quick response. The offense did occur after i was naturalized. I must have misread the INS website in regards to the moral turpitude. I am sure i can call an immigration lawyer and confirm.
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  #6  
Old 10-27-2006, 08:43 PM
enniz enniz is offline
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Good Luck Yoats,and No , You Cant Be Deported If The Crime Was Commited After You Became A Citizen, That Is My Understanding,i Am A Resident So I Know A Little Aboutthis
Godbless You
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  #7  
Old 10-28-2006, 02:28 AM
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FriscoLady FriscoLady is offline
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I have to agree that no you cannot be.

I am naturalized and the crime was committed long after I got my citizenship, nothing ever came up to the possibility.

Patti
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  #8  
Old 10-28-2006, 04:25 PM
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zunigan zunigan is offline
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If you aere are ready a citizen when this happened then they can;t deport you. They gave you the citizenship. Now you will be treated just like anyone who was born here.
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Old 11-01-2006, 03:07 PM
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skychickFL skychickFL is offline
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You definitely can't be deported if the naturalization process had already been finished at the time of committing the crime. Breathe easy!
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  #10  
Old 12-15-2006, 06:43 AM
rumson rumson is offline
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Default You cannot be deported

If you are naturalized, you cannot be deported. You can only be deported in such circumstances if you are convicted of immigration fraud and your naturalization is nullified (i.e. if you lied on your naturalization petition). This is relatively rare.
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