Will I be able to get my Citizenship?

Asked over 2 years ago - San Francisco, CA

I have been a greencard holder since 2005 (obtained through marriage). I was charged with a misdemeanor in 2009 (not considered a crime of moral turpitude ) but was not eligible to apply for citizenship since I was on probation for 2 years. My probation is up now and I would like to know if you think I have any chance of being granted US citizenship. My misdemeanor was for simple battery (no bodily harm).

Thanks

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . Simple battery is not a crime of moral turpitude. If this is your only crime, then you should be eligible to apply for naturalization.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Grady G Gauthier

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Agree, you need to have your criminal background scrutinized by an attorney before re-applying. It is impossible to tell you a yes or no answer based on the information given.

  3. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . To answer your question on this forum without a thorough check of your records would be irresponsible at best. What you should do is show your records to an attorney and have the attorney evaluate (based on the terms of your probation, the actual statute that you were charged under, the underlying facts of the case) whether a naturalization application would be in your best interest.

    Also remember the following:

    1) Naturalization applications involve a very thorough background check for criminal background.
    2) Taxes are scrutinized
    3) Your past applications, including your applications for green card can be re-examined and worst case scenario you may even lose your green card as a result.

    You should get an evaluation done for your application. It is one of the services we offer our clients with varying rates depending on what exactly is required. Good luck!

    Dhenu Savla
    SwagatUSA, LLC
    www.swagatusa.com

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