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Can a person convicted of Assault and Battery apply for citizenship through naturalization?

Hays, KS |

Can a person apply for citizenship through naturalization if convicted of assault and battery ?

Attorney Answers 4


  1. You need to consult with an immigration attorney to review your entire criminal record and advise you accordingly.


  2. Maybe. Your complete immigration history needs to be known and most importantly, the exact language of the penal code and the sentence imposed. Consult with an experienced immigration attorney.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.


  3. Perhaps. You should consult with an immigration attorney who an review the specific conviction that you have. Make sure to take the court records with you to the consultation.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  4. Best case scenario--it won't be an issue. Worst case scenario--it not only disqualifies you from citizenship, but also lands you in removal proceedings and bars your from eligibility for a variety of forms of relief from removal.

    Where you situation lies in that wide spectrum of possibilities will depend on things like:

    --the exact statutory language of the criminal law under which you were convicted;
    --the maximum possible sentence;
    --the sentence you actually received;
    --the date of the offense;
    --the date you completed, or will complete, the terms of any probationary period;
    --the nature of any other criminal issues in your past;
    --whether the offense was ever disclosed from immigration officials;
    --the identity of your victim;
    --when you obtained your green card.

    So, this is just a long-winded way of agreeing completely with the other attorneys here who were quicker to answer you--gather up all of your criminal records (for the offense and any others) and all of your immigration materials and schedule a consultation with a reputable immigration attorney in your area.

    Do not file anything until you have a complete understanding of any potential vulnerabilities.

    Best of luck.

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