I have been living in the U.S. since 1993. During my young adult year I got into a few trouble. 1 for disorderly conduct, 1 for driving while intoxicated, 1 for driving while license suspended, 1 for assault causing bodily injury. The assault happened when I was 24, I am now 28. I want to now apply for my citizenship. Will my application get rejected?
My last conviction was the assault which happened in 2010.
David Michael GottfriedImmigration AttorneyNew York, NY ·
Not only could it get rejected, you could lose your green card and be deported, you should definitely consult with an immigration attorney before doing anything.
Every criminal charge carries possible adverse consequences for the non-citizen. There are some forms of assault that may disqualify you from ever becoming a citizen. Other forms of assault trigger a requirement that you wait five years from the date of conviction so you can show 5 years of good moral character. The best advice for you is to get a complete copy of your criminal history and go see an immigration attorney who also practices criminal defense. The attorney can evaluate the obstacles you may face in trying to apply for citizenship, and advise you whether there is a viable strategy for moving forward. Many times, the outcome depends not just on the charge, but also on what the facts in your case were, and what the court documents show about the facts. A good criminal defense attorney can help establish the critical facts underlying your conviction, and increase your chances for demonstrating that your convictions do not disqualify you from citizenship. If you are ever charged again with any crime, immediately seek advice from an immigration attorney so you don't lose your opportunity to apply for citizenship, or worse, get deported. Good luck.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Indeed it will, and not in a good way at all.. I urge you to sit down with an experienced immigration lawyer to examine your entire arrest and conviction history.
While for citizenship it is the last 5 years of good moral character that are most closely scrutinized by immigration authorities, they can go back as far as they like in reality. The assault charge appears to be the most serious one. In any event, do NOT apply for citizenship on your own with this on your record because as my colleagues pointed out, not only could your application be rejected for lack of good moral character/criminal issues, but you could even get stripped of your green card. Therefore, I urge you most seriously to consult directly with an immigration attorney in person so the attorney can analyze the immigration effects of the charges in your background. Best of luck.
