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

Asked over 1 year ago - 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.

Additional information

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

Attorney answers (3)

  1. Rachel Moguel

    Contributor Level 5


    Lawyer agrees

    Answered . 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. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . 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... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . 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... more

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