Asked about 1 year ago - Jacksonville, FLFlag
Also what would they need to do in order to apply ?
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When a person applies for Citizenship, USCIS will look at whether that person is "admissible" and/or "deportable." They will also look at the last five years to determine whether the applicant has "good moral character." A criminal conviction, even a withhold of adjudication, can have significant consequences in the naturalization process. No matter how minor the conviction, nor how long ago it happened, you should consult with an attorney that is experienced in both immigration law and criminal law to determine 1) whether you are eligible to naturalize, 2) whether the prior record is a bar to "good moral character", and 3) whether USCIS would be able to issue a Notice to Appear to start a deportation proceeding based on the prior conviction. That attorney should also be able to determine whether it is in your best interests to go back and attack the criminal conviction. If you were not advised of the immigration consequences at the time of your plea, you may be able to challenge the conviction.
Whether the misdemeanor will effect your ability to naturalize depends on the charge, the conviction and the date of the conviction. I strongly suggest you consult with an experienced immigration attorney who also knows criminal defense BEFORE you file for your NATZ.
Kyndra L Mulder, Esquire
4110 Southpoint Boulevard, Suite 101
Jacksonville, Florida 32216
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