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I m applying for my husband citizenship N400, he has one misdeamemor assault C by contact. Would this effect on his application?

Houston, TX |

It happened back in 2008 when he was my fiancé. Now we r happily married and have a Son. What should I write in the N400?

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Attorney answers 3

Posted

This could very well affect his application. One requirement for naturalization is showing good moral character, and USCIS will look into the last five years in particular. You may need to wait until five years have passed since the assault. However, depending on the circumstances of the assault, it might be something that could affect him even after 5 years have passed. Before applying, he should consult with an immigration attorney first who can review all the facts involved.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

Asker

Posted

I have one concern that when we applied for his i485 for the change of status and i751 for removal the condition on Green card, and we had an interviewed n he was given a green card. So when they have given my husband a permanent resident card back then then why it would b a prob for citizenship ? Plz advise!? Also it was a misunderstanding between the officer who arrested him because me n my husband was arguing in our language back in 2008 n his voice was little louder than mine that's why he arrested him! But there was no physical assault happened!

Asker

Posted

I paid. $250 n they released him in 2 hours.

Laura Justine Jacobson

Laura Justine Jacobson

Posted

It may not be a problem now if it wasn't a problem getting the green card, but that's not a guarantee. Sometimes they miss things in the green card process and pick up on them later down the road. Under these facts it's possible that the arrest won't affect him, but I really recommend having a consultation with an immigration lawyer first so they can review all the information to make sure.

Posted

It can impact his application to naturalize. USCIS will conduct a background check and determine his good moral character. If this conviction is a legal preclusion (see INA 101(f)) it would bar the approval of the application. If it is not a per se preclusion, they can still use it to determine he lacks good moral character using the catch all clause in the above noted statute. I highly encourage you to retain experienced immigration counsel.

Asker

Posted

I have one concern that when we applied for his i485 for the change of status and i751 for removal the condition on Green card, and we had an interviewed n he was given a green card. So when they have given my husband a permanent resident card back then then why it would b a prob for citizenship ? Plz advise!? Also it was a misunderstanding between the officer who arrested him because me n my husband was arguing in our language back in 2008 n his voice was little louder than mine that's why he arrested him! But there was no physical assault happened! Plz advise.

Asker

Posted

I paid $250 fine n they released him in 2 hrs

Philip Alan Eichorn

Philip Alan Eichorn

Posted

You should retain counsel and your husband should have an in depth conversation with your lawyer on this issue. It is too fact intensive for a message board back-and-forth.

Posted

I agree with my colleagues ... he needs to consult with an immigration attorney before filing the N-400.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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