let me rephrase mi question on 2001 I had a battery(domestic violence), no one was harmly badly or anything like that, mi ex husband was beating me and i bit his arm so he could release my hair, he called the police, i was arrested but did not serve any jail time....i was ordered to go to this domestic violance classes for a few months, the disposition was ".NOLLE PROS-COMP 'DVI"..when all this happened, i was not a resident, i was here with a L2 visa....I became a resident 5 years ago, on 2004, i'll apply for my citizenship this year, do u think i'll have any problem with this?
3 Answers from Attorneys
I don't know what the Florida disposition code is, but if you did not receive jail time and it was just probation you'll probably be OK. It doesn't matter if you were in L-2 visa status at the time instead of having a green card, a criminal conviction is still treated as one regardless. Since this happened outside the five-year period you must have of being a person of good moral character before applying, you'll probably be OK. Again, consult and go over this with a local attorney to be sure before applying for naturalization.
Larry L. Doan, Esq.
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.
With a domestic violence conviction a person can be deportable. It does not matter when it happened and on what visa you were in the USA. All what matters is that it was a domestic violence battery conviction.
Before applying for naturalization, you shall consult an immigration lawyer and have a lawyer to review your arrest and court records
How did you obtain a green card: through a marriage to an ex-husband, etc?.
Thanks you for the clarification. It depends upon what the Florida Criminal Rules say. However, if you did not receive jail time and it was just probation then you will likely be OK to Naturalize. Since the incident seems to have happened outside the five-year period, you should not be found to be one who does not have "good moral character". Notwithstanding the foregoing, we recommend that you consult with an Immigration Lawyer to be sure.
Related Questions & Answers
I received a "Notice to revoke Permanent Resident status' in 30 days from INS.... Asked 8/08/09, 5:06 am in United States Florida Immigration Law
I had a battery on 2001, i'll apply for my citizenship this year, do u think i'll... Asked 8/07/09, 10:22 pm in United States Florida Immigration Law
Can an American Citizen work in Venezuela without a work permit? What is the law on... Asked 8/05/09, 4:59 pm in United States Florida Immigration Law
If you have a small claims judgement for $2500 against you will that affect any... Asked 8/03/09, 8:33 am in United States Florida Immigration Law
I have a GC was approved errorneously after divorce and while I am in H1B status.... Asked 8/03/09, 8:24 am in United States Florida Immigration Law