Applying for Citizenship on a Green card with a misdemeanor

Immigration 1 views 3 answers
Hello All, I was wondering if anyone can help shed some more light on how to go about my situation. I have had my green card for five years now and would like to apply for my citizenship. i also had a misdemeanor charge for a very minor issue about 4 years ago. Will this prevent my from getting my citizenship? Another part of this is we have been separated for about a year now and i am wondering if a divorce will also jeopardize me getting my citizenship. Any feed back will be greatly appreciated. Thanks

Attorney Answers

3
Tripti Sharma ·
Without a complete review of the misdeamor conviction, it is not feasible to make any suggestions.
0 upvotes
Andrew Bartlett ·
Everyone should go to an attorney or to a citizenship workshop before applying for naturalization. Because the application is a "new entry" into the United States, red flags can put people in removal proceedings. And some aren't obvious. Your minor misdemeanor is probably not in that category but might affect the requirement for 5 years of good moral character. A divorce usually is only an issue with people who got their green card through marriage and didn't disclose it earlier, or are trying for the 3 year quickie route to citizenship. Having said that, naturalization will make you safe, so check with a local professional and then go for it - either now or in a year's time.
0 upvotes
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Usually a misdemeanor conviction will only prevent you from naturalizing if you are still in probation, otherwise should not, but then again, depending on the true nature of the "misdemeanor" in question. CIS has the authority to look "beyond the statutory period" (5 years) when probing for one's "good moral character" necessary for naturalization. Take your conviction record to an immigration attorney to analyze.
0 upvotes

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