According to Article 12 of the Law of People's Republic of China (PRC) on Exit and Entry Administration:
China citizens are not allowed to leave the country under any of the following circumstances:
(1) Those who do not hold valid exit and entry certificates or refuse or evade border inspection;
(2) The penalty has not been completely executed or belongs to the defendant or criminal suspect in a criminal case;
(3) The people's court decides not to leave the country due to unresolved civil cases;
(4) Being subject to criminal punishment for obstructing the administration of national (border) territory or being repatriated by other countries or regions for illegal exit, illegal residence or illegal employment, and not allowed to leave the country within the prescribed time limit;
(5) It may endanger national security and interests, and the relevant authorities in the State Council decide not to leave the country;
(6) Other circumstances under which exit from the country is prohibited by laws and administrative regulations.
American immigration law stipulates that American immigrant naturalization applicants have no criminal record before naturalization and must behave correctly.
First of all, applicants should take the initiative to fill in their own criminal records on the naturalization application form, and at the same time submit files about their criminal acts, including police arrest reports, indictments and court judgments. The Immigration Law clearly stipulates that the following two kinds of people cannot apply for naturalization: murderers and those who commit the felony listed in Article 11(a)(43) of the Immigration Law (aggravated? Felony) foreigners.
In addition, the Immigration Bureau also requires applicants to always behave correctly. If you commit a misdemeanor other than the above two felonies within five years before applying for naturalization, it may also be considered misconduct (committing? Crime? Involved? Moral? Despicable behavior. Here, I won't list all the criminal behaviors that will be considered as misconduct, so I can't be naturalized for the time being. However, in the Chinese community, many people have committed misdemeanors of one kind or another, including fighting in unlicensed industries, assisting prostitution and prostitution. Often these people accept government-appointed lawyers as their criminal defense lawyers, and these public defenders, on the one hand, have extremely low legal fees from the government, on the other hand, they know little about immigration law, so they all hope that their clients will accept misdemeanors and be released conditionally for one year soon. Discharge), probation (probation? Sentence), or probation, parole and other sentencing. Clients often accept the advice of their lawyers and admit a misdemeanor because they want to get out of prison early, or because they don't understand the consequences that a confession will bring to their future immigration cases. ?
If the conditions of an American immigrant applicant who is naturalized are released, his sentence is postponed, and his probation and parole are not full, the Immigration Bureau will generally not allow him to be naturalized. Even after the expiration, the Immigration Bureau may not approve his application for naturalization, because they still need the applicant to perform well five years before applying for naturalization. To make matters worse, the immigration law also gives the Immigration Bureau the power to judge whether the applicant's behavior is justified, not only by looking at the applicant's records in the five years before naturalization, but also by integrating other aspects of the applicant's situation. ?
Someone once committed three misdemeanors before applying for naturalization. She was sentenced to a one-year suspended sentence for the first time, and this crime was five years before naturalization. The second and third times were within five years of naturalization, but both times were rejected by the court. However, the Immigration Bureau still refused to approve her application for naturalization. The reason is that she misbehaves. The Immigration Bureau has the right to add up her three criminal acts and comprehensively consider her misconduct. Finally, we argued all the way, and she was naturalized. From this case, we can see how much power the Immigration Bureau has in deciding whether the behavior of an American immigrant and naturalization applicant is appropriate.