QUESTION

Will I be able to apply for naturalization?

Asked on Jun 09th, 2012 on Immigration - California
More details to this question:
I am IR1 divorced on my fourth year of green card. I had an incident about an year ago, I was arrested for domestic voilence with my ex boyfriend. I was bailed out the same day, and court did not file any complaints against me. I received a "detention only" letter recently. I would like to know, do I have an arrested record, would it impact my employment and naturalization process. If it does, when would I be eligible to apply naturalization. My gc card says expiration at 2020. Thanks,
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4 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Criminal Naturalization Application* The Naturalization Application must be filed. If done properly, it will take a few months to receive the fingerprinting notice, and then several more months to receive the naturalization interview to obtain U.S. Citizenship. Shortly thereafter, if approved, you will have the swearing in ceremony to become a U.S. Citizen. Please note that many people find themselves getting the application denied or being placed into deportation/removal proceedings because of past conduct. Because there is past criminal history involved in this Naturalization application, there is certainly the risk and possibility that the application could result in the issuance of the Notice to Appear for deportation/removal proceedings. However, if done properly, there is a reasonable chance of success and the law permits an approval on this type of application.
Answered on Jul 06th, 2012 at 5:44 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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If you have over five years of residency, you can apply. The mere arrest does not disqualify you.
Answered on Jul 03rd, 2012 at 4:14 PM

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You are required to disclose ALL arrests on your naturalization application but only convictions can be used against you or if you admit to the facts of a crime. Thus, I don't believe that one arrest alone will prevent you from getting naturalized.
Answered on Jun 29th, 2012 at 11:16 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Without additional details, your question is difficult to answer completely. If no charges were filed against you, and you were not convicted of domestic violence, or any other crime, you should not have any problems applying for naturalization. If you were arrested, then you have an arrest record, which may impact your employment, depending on how comprehensive any background check is. However, if there is no conviction record, the arrest record alone may not be a problem. Since you are divorced, I would suggest that you wait 5 years from the date you received your green card before applying for citizenship. You will also need to go to the court in the jurisdiction where you arrested and ask them to run a check of your name for any cases filed against you. If there are none, the court clerk will issue you a letter indicating that no cases have been filed against you. You will need this for your naturalization. You will also have to indicate on the N-400 form that you were arrested and bring the letter from the court clerk with you at the interview to show that no charges were filed. I strongly suggest that you 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 you case and advise you of your options and will be able to guide you through the naturalization process.
Answered on Jun 29th, 2012 at 10:31 PM

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