QUESTION
How do I know if I am eligible for citizenship?
Asked on Jul 18th, 2011 on Immigration - California
More details to this question:
I was denied for citizenship about 8 yrs ago for an assault charge. Can I now reapply even though my green card has been expired for a very long time. I'm also now married for the 2nd time now and have 2 children if that makes a difference.
5 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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We need to see the court minutes to be able to advise.
Answered on Jun 26th, 2013 at 2:39 AM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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You may now file a Petition for Naturalization given that more than 5 years have elapsed since the date of your criminal conviction. But you will have to provide a complete record of (arrest report, information, judgment and sentence) and a statement to the DHS/CIS explaining the circumstances that lead to your arrest. You will need legal representation in this process.
Answered on Jul 28th, 2011 at 1:59 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on the exact criminal charge, but in general, if you can show it happened more than 5 years ago, then you are eligible to file. But, you must consult with an immigration attorney that is familiar with the penal code for your state.
Answered on Jul 28th, 2011 at 1:03 PM
2 Awards
You can reapply, and those other facts may help. The facts of your assault charge are very important. You would be smart to consult with a lawyer before moving forward.
Answered on Jul 28th, 2011 at 8:47 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You need to get a full copy of your court certified disposition that lists the charge, plea and final disposition. Take that along with a full copy of your old case and the DHS denial letter to a competent immigration attorney to fully have your case analyzed, as there may be factors present which would make you eligible or not at this point. As a general matter you must show you have had good moral turpitude for at least the last five years before filing. If your case and probation was cleared eight years ago then you may be able to natz now.
Answered on Jul 27th, 2011 at 3:51 PM