Story of Chinese Permanent Resident Shows Dangers of Criminal History
Posted on | February 19, 2010 | 4 Comments
The plight of a Chinese immigrant is a warning to any non-citizen who has had any run-ins with the law. Just as we advise our clients from Nevada and elsewhere to consult an immigration attorney before traveling, we also cannot emphasize enough the importance of understanding how your criminal history can affect your ability to naturalize or renew your Green Card.
Qing Wu, who came to the United States legally with his family at age five, was imprisoned for a string of muggings he was involved with as a teenager. He served three years in prison for his mistakes, and then moved on to become a successful executive and capitalize on his natural intelligence and talent. But as the New York Times reports, his criminal background came to haunt him when he applied for naturalization recently.
One of the requirements for a resident alien to become a citizen is to demonstrate good moral character, usually meaning a combination of positive contributions to society and a five-year period free of any crimes or other problems. But a law passed in 1996 allows the USCIS to consider an immigrant’s history much farther into the past, so that crimes over a decade old (like Mr. Wu’s) can suddenly resurface.
Not only was Mr. Wu’s application for naturalization denied, he was also seized by ICE and put into removal proceedings. Because the crime was an aggravated felony, it is a deportable offense. All other things being equal, USCIS never would have tried to deport Mr. Wu because he had a valid residency; but once he applied for naturalization, he triggered a new background check. Mr. Wu recognized that this was going to happen but once he filed his petition it was too late to go back—he had to either face seizure and trial or be labeled a fugitive from ICE.
Mr. Wu’s story has gotten major publicity, and he also has a variety of powerful people advocating for him. Most likely, his case will end favorably for him. Our concern is that thousands of immigrants from Nevada, California, and across the United States who are in the same situation will not be as lucky. We encourage you to spend some time reviewing our Nevada immigration attorney Web site to learn more about the potential pitfalls of seeking an immigration benefit when you have a criminal background.
Our Nevada immigration lawyer has over 30 years of experience in criminal law issues, and he brings that experience to his practice of immigration law. For a free consultation and the legal advice that you need, please contact us in Reno or Las Vegas today.
Tags: Criminal History > Deportation > Green Card > ICE Enforcement > Immigration Attorney > Immigration Lawyer > LPR > Nevada > Permanent Resident > USCIS
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4 Responses to “Story of Chinese Permanent Resident Shows Dangers of Criminal History”
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February 20th, 2010 @ 2:38 pm
To whom it may concern:
My name is Jenny Gong, the sister of Qing Hong Wu. I am contacting you to first and foremost thank you for addressing your opinion on this ordeal my brother is in at the current time. I am writing to you for support of my brother’s situation in preventing him from deportation and release from detention.
The following are ways in which we’d like you to support us:
1. There is an online public petition which will be sent to the Governor of NY. Will you please sign the online petition to support Qing: http://www.gopetition.com/petitions/pardon-qing-wu.html.
2. You can also help by contacting the Manhattan D.A.’s office at 212-335-9000 and request that he (DA Vance) grant Qing Wu retroactive youthful offender status
3. Also, if you can, will you please write letters of support to Governor Paterson’ office with a carbon copy to Peter Kiernan, Office of the Counsel to the Governor.
Governor Paterson
State Capitol
Albany, NY 12224
Peter Kiernan, Esq
Office of the Counsel to the Governor
State Capitol
Albany, NY 12224
4. Please help us spread the word to sign the online petition and contact the DA’s office as well as the Governor’s office. When you have done so please forward the information to your friends and family. Every call and comment counts for support and help Qing reunite with his family.
I thank you in advance for your help and support.
If there is any questions or comments, feel free to email me.
February 20th, 2010 @ 2:47 pm
“Most likely, his case will end favorably for him.”
It is very optimistic of you and these are words of encouragement to friends and family members that there is still hope. Maybe I ask you why do you think so? I mean the law is the law. It stated that it is mandatory detention and deportation if he had committed an aggravated crime.
February 24th, 2010 @ 5:49 pm
Hi Jenny Gong,
We’ll do our part and pass on the information to our mailing list. Thanks for reaching out, and best of luck.
February 24th, 2010 @ 5:49 pm
Hi jenny4978,
We’re optimistic about Mr. Wu’s case because it has become so prominent. You are right that “the law is the law,” but there is also some room here for discretion.
As you see below, Mr. Wu’s sister and other allies are fighting to get Governor Paterson to pardon Mr. Wu for his previous crimes and to stay his deportation. If the crime is pardoned and expunged from Mr. Wu’s record, ICE would have more discretion to do what is right rather than what is legally required.
We’re encouraging our clients to take actions such as signing the petition Ms. Gong presented below. But the fact remains that even if Mr. Wu (and justice) prevails, thousands of other immigrants face these same conditions every day but can’t gain the attention their desperate cases need. We have to fix the system, sooner rather than later.