Will a domestic violence charge (PC 243 (E)(1) affect someone being able to become a citizen? He is currently a resident. Will this affect his immigration status?
The date of the incident and the date of the end of probation are relevant in determining Good Moral Character required for Naturalization. Whether or not this considered a crime involving moral turpitude or a domestic violence crime is also relevant. You'll want to bring a certified copy of any arrest, charges, disposition and probation completion documents to an immigration attorney's office for review prior to filing for Naturalization. Best of luck.
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Do not file for naturalization yourself! You need to retain an experienced immigration attorney to do the process for you. If it is done incorrectly you will be placed in removal proceedings and will have to incur additional expense in retaining an attorney to represent you before the Immigration Court. This can be avoided by retaining an experienced attorney to determine your eligibility for naturalization.
The immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.
You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.
I am assuming that he has already been convicted. Penal Code Sec. 243(e)(1) could be an aggravated felony as a crime of violence if you are sentenced to 1 year or more or if the record of conviction shows violence beyond mere touching and could make you removable/deportable. I strongly suggest that he contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze his case and advise him of His options. He should also bring all documents pertaining to his conviction for the attorney to review.
Yes; but he should get an Immigration Attorney to help him negotiate the record of conviction. By itself, this charge will have serious immigration consequences depending on the sentence. There is specific language that based on the evidence against him can be put in the record of conviction.
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