I plead guilty to a simple assault against my ex wife ( first offense ) . Now i am a permanent resident and would like to apply for citinzenship so will i face any issues with that ?
Of course, you will face issues. However, if you retain counsel, your chances of getting citizenship are much better. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Good luck.
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Maybe, maybe not, depending on what's on the certified criminal records. Although you might have plead to "simple assault," such assault against spouse/ex-wife can be considered as a deportable (domestic violence) offense. If you are still on probation, you may be barred from showing good moral character. Even if you are done with the probation, there's a good chance of denial as the offense was within in the 5-year statutory period. Do yourself a favor: consult with a local immigration attorney to assess your situation.
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Attorney Leonard Boyer is 100% right your only chance of getting citizenship is with a good immigration lawyer and even then it is not guaranteed especially if this was part of a domestic violence complaint or restraining order. You need to get yourself the best immigration lawyer you can find and don't let geography of where the attorneys office is influence your decision, only choose the best, because you need the best result.
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If you were co-habiting with your ex wife, she can be considered to be a domestic partner. You should retain an attorney before you apply.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
It is best to obtain your certified court dispositions for assessment by an attorney.
This information is for informational and educational use only and does not establish an attorney-client relationship.
You are correct. There are at least two "issues" with your case. At first glance, there are two primary ones; (1) a criminal conviction/arrest that (2) occurred during the statuory period where good moral character must be shown (note, even if the conviction occurred more then 3 or 5 years ago, depending on if you are applying under the 3 or 5 year rule, USCIS can still consider this in terms of giving you your citizenship as a matter of discretion). More information is needed to see if this conviction will disqualify you from applying at this time. I would highly suggest you consult with an experienced immigration attorney before doing doing or paying anything. A certified court dispositions can help the attorney make a quicker and more thorough decision in terms of when to apply. Furthermore, you will otherwise have to meet all other requirements for naturalizariom, including the necessary Years as a permenant resident need before applying, showing good moral character and physical and continuous presence during the applicable statutory period.
The foregoing answer is not legal advice and is intended for general and educational purposes only.. This answer does not create an attorney-client relationship. In addition, while I attempt to be as accurate as possible based on the facts provided in the question, the foregoing response is not intended to replace or be a substitute for personally consulting with an attorney, myself or someone else, where confidentiality is protected and details and facts about your case can be fully and appropriately assessed to their fullest extent. Finally, if you LIKED or found my answer HELPFUL, kindly indicate so by marking it as "BEST ANSWER".
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