Legal Question in Immigration Law in New Jersey

I need your help.I am in US since 1996. I came on a H1B visa and then got my green card thru my employer in 2001

and never had any issue with law and enforcement till last May (2005). On May 2005 I had

a fight with my ex-girl friend and she called police. Police took me and fingerprinted me and then

released me after couple of hours.

On Dec14th 2005 I again had a fight with my ex-girl friend and I had to call police.

Prior to this she called police twice (once in May 2005 and once in Oct 2005) and got me

arrested for domestic violance, in fact she was violent and she abused me.On both this

incident she withdrow the charges and the cases were dismissed.However the

December 14th I called police because she was violent again.

When police came I said that she was assulting me and I had cut on my neck. She told

police that I was abusing him and thats how I got the bleeding neck.

However police believed her and arrested me.

Police charged me with the following charges.

1. False Report to Law Enforcement

2. False Imprisonment

3. Simple Assult

I was sent to jail and after 30 hours he was released on bail of $2000.00

She decided not to press the charge however police did not listened to her.

We hired an attorney and we took a ple burgin and the court downgraded the chargres to :

The court order came on April 14th 2006.

1. False Report to Law Enforcement ---> Ordinance

violation (Disorderly conduct) Paid fine $250

2. False Imprisonment ----> Ordinance Violation

(Disorderly conduct) Paid fine $250

3. Simple Assult -----> Dismissed

In the mean time I moved out of the state( New Jersey). I got married to an US Citizen

on July 2006. I have a child and I own a house.

Since it is over three years since this case happend and more then 3 years since I got married to a

US Citizen, Can I go ahead appy for citizenship ?

Any suggestion would greatly help.


Asked on 12/05/09, 10:11 am

2 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

You need to meet with an immigration attorney before filing any application with USCIS. An attorney will need to review all of your arrests as well as convictions, so you should be prepared to show this documentation to him/her. Only after a review of the actual convictions will an attorney be able to determine if you can apply for citizenship now, and what you should be prepared for if you can apply.

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Answered on 12/10/09, 10:35 am
Antoinette Wooten The Wooten Legal Consulting, PC

Since you have been arrested USCIS will look at this information as presented on your petition for your citizenship. This question, as you know, is on the form.

You will have to state why you were arrested and how many times you were arrested.

You will also have to state the result for each time you were arrested.

I cannot tell you if you will get your citizenship because USCIS looks at each case individually and makes their decisions based on the facts of each matter.

Patricia Martin-Gibbons

Sent from my Verizon Wireless Blackberry

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Answered on 12/14/09, 8:24 am


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