Legal Question in Immigration Law in Florida

I had a battery on 2001, i'll apply for my citizenship this year, do u think i'll have any problem with this?

Asked on 8/07/09, 10:22 pm

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan
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Indeed it could be a problem. If the battery you were convicted of involved "great bodily harm," it would be a crime of moral turpitude. Also, regular battery would be a "crime of violence." If there was a prison or jail term of a year or more, it's an aggravated felony. You should consult with an immigration attorney who also is knowledgeable about criminal law. You don't want to be applying for citizenship and be denied and served with notice to go to removal (deportation) proceedings afterward.

Larry L. Doan, Esq.

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.

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8/08/09, 1:07 am
David Nachman Nachman & Associates, P.C.
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The requirement is for you to have good moral character for a five year period of time. So, assuming that the "battery" was de minimis (less then a year of jail time can be given for the offense) then you may be OK. However, if the battery involved "great bodily harm," it could be a crime of moral turpitude. We recommend that you consider consulting with an immigration lawyer who is knowledgeable about these types of issues.For more information about these types of issues, check out our Firm's website at www.visaserve.com.

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8/08/09, 3:39 am

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