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Question:

I do volunteer work at Cabrini Immigrant Services on Manhattan's lower East Side, and we have an individual who wishes to naturalize, but he was convicted of multiple counts of multiple criminal offenses 22 years ago, including Conspiracy, Arson (6 counts), and Reckless Endangerment. He was sentenced to 5-15 years (consecutive) for each count of arson, and ultimately was incarcerated for more than a year.

I've read the regs and the Bender's treatise, and it seems to me that even though this occurred prior to the statutory period of residence for establishing Good Moral Character, it is likely to be considered. I've also read confusing, and seemingly conflicting information about the consequences of incarceration - that incarceration for more than 180 days mandatorily precludes a finding of GMC regardless of whether it occurred within the statutory period (this wasn't clear to me in the regs.)
I recognize that one must also factor into the analysis whether he would have any relief from deportation.

Essentially, I'm just wondering if there is any chance that he may be able to naturalize. If so, I will refer him to capable counsel for assistance to pursue this. If not, we'll tell him not to file. I just don't want to tell him "NO" if there is some chance he could benefit.

Many thanks if someone could just advise "Yes, investigate it" or "No-forget it- out of the question under existing law!".

Answer by Norton Tooby: