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Doc100
11-07-2006, 08:35 PM
I am a US permanent residence and have played poker full time for two years. I would like to apply for US citizenship but I am not sure how my career--playing poker on internet will affect my application. I have read many posts about legality of internet poker on this forum but still don't know whether it is legal or not. I mean it probably won't get you arrested but could an immigration officer say it is illegal and deny my application? I have asked some immigration lawyers but they don't know for sure either. Is there anyone in similar situation and have applied for the citizenship? Thanks.

SlapPappy
11-07-2006, 09:12 PM
Where are you from?

Moneyline
11-07-2006, 09:23 PM
I'm not a lawyer, but...

Playing online poker is not illegal on a federal level in the U.S. The federal law pertaining to online gambling is the Wire Act, and the 5th circuit court of appeals ruled that the Wire Act pertains only to sportsbetting.

That said, a handful of states have passed anti-online gambling laws. I believe there are 11 total states that have passed some sort of legislation, and not all of those 11 have passed total bans. You should probably check to see if you live in one of those states, and I'm sure somebody on this forum will be able to tell you which ones they are.

There is a lot of misinformation out there about the legality of online gambling. Much of it deliberate and perpetuated by the department of justice. That said, you haven't broken any federal laws and won't get into legal trouble for having played online poker. Whether or not poker may somehow reflect negatively on you on your immigration application is another matter entirely, but you won't get in trouble for having broken the law (you haven't).

Doc100
11-07-2006, 09:37 PM
I am from New York. One question I need to answer in the application form is:
Have you ever... Gambled illegally or received income from illegal gambling?
I guess I should be able to answer "no". Thnaks.

permafrost
11-08-2006, 12:58 AM
[ QUOTE ]
I am from New York. One question I need to answer in the application form is:
Have you ever... Gambled illegally or received income from illegal gambling?
I guess I should be able to answer "no". Thnaks.

[/ QUOTE ]

NY illegal Internet gambling prosecution (http://www.oag.state.ny.us/press/1999/jul/jul26a_99.html)

Doc100, internet poker is likely illegal in NY unless they recently changed. Talk to an attorney familiar with NY law to confirm and ask how to respond to the application question. A State does not have to have a specific law against internet gambling for it to be illegal. General anti-gambling laws make it illegal in most States.

Doc100
11-08-2006, 07:48 AM
Now the question comes back to whether it's legal or illegal again. Permafrost, do you have any idea about what type of lawyer I can talk to? The immigration lawyers I talked to don't know for sure. And, do you know which states don't have general anti-gambling laws? Thanks.

permafrost
11-08-2006, 12:27 PM
[ QUOTE ]
Now the question comes back to whether it's legal or illegal again. Permafrost, do you have any idea about what type of lawyer I can talk to? The immigration lawyers I talked to don't know for sure. And, do you know which states don't have general anti-gambling laws? Thanks.

[/ QUOTE ]

Ask the immigration lawyer for a referral.

This link State gambling law summary (http://www.gambling-law-us.com/State-Law-Summary/) has decent info, look at the column "penalty for aggravated gambling" - that is the provider; you are the "simple gambler" column. He's an expert but also says to get local advice.