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Do lottery green card winner family members have to apply together for citizenship? Can my husband apply before me?

Chicago, IL |

My husband won the lottery. It is time to apply for citizenship.
I have a village ordinance violation for petit theft.
Does my husband have anything to worry about my arrest? Can he apply alone for citizenship with our 5 years old daughter.
I might have to wait 3 more years to prove that I have had my lesson and remained clean 5 years after the incident.
Will he have to answer for my mistake during the interview?
Thank you very much in advance for your professional opinion and advice.
I really appreciate it.

We are green card holders since 2008 and my arrest happened in 2011.

Attorney Answers 3


  1. There is no requirement that you apply together. Your husband can apply for citizenship as long as he has the required amount of time as a permanent resident.


  2. Separate applications are permitted and your arrest has no bearing on your spousal naturalization application.
    For you personally, I recommend retaining a good counsel to ensure a smooth procedure during your naturalization application.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  3. They can apply for citizenship at any time after they meet all the requirements.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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