Legal Question in Immigration Law in California

I am a legal resident. I want to became a US citizen, but I was charged with domestic violence 9 years ago. What do I need to do?


Asked on 7/31/09, 4:15 pm

4 Answers from Attorneys

Luba Smal Smal Immigration Law Office

This might be a problem. Even though the statutory period for showing a \"good moral character\" is only 5 years, in case of domestic violence, it can still be taken into consideration.\n\nSometimes, certain domestic violence conviction can be a ground for deportation/removal.\n\nTalk to an immigration lawyer before applying for naturalization.

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Answered on 7/31/09, 4:20 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

What happened with that case and what\'s your experience since? You must show good moral character within the past five years. Depending on the result and aftermath of the domestic violence case, you may well be able to meet this requirement, bu maybe not. I\'d really need to know more about the specifics of your life.\n\nI would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don\'t rely on this as legal advice.\n\nAlice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization\n\nST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436\nEM: [email protected] WEB: http://www.yardum-hunter.com\n\nA ?Super Lawyer? 2004 ? 2009, Los Angeles Magazine\n

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Answered on 7/31/09, 4:43 pm

Good Afternoon:\n\nAny crime may be an issue when applying for citizenship. It is important for me to know the exact penal code section of which you were convicted. There are certain domestic violations cases that may make you deportable, and certain ones which may not be an issue. Another important factor is also when you were convicted - whether it was before or after you received your legal permanent residency. Our firm handles these types of cases and can assist you further.\n\nTo contact us for a FREE initial consultation to discuss your case further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer payment plans.\n\nNote: The above response is provided for information purposes 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.\n

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Answered on 7/31/09, 4:56 pm

You say you were \"charged\" with domestic violence. I\'d need to know more about whether the charge became a conviction, what was the specific criminal conviction (from the criminal code), and whether you completed your probation, etc. Also important to look at is your life now, and documentation showing that you can still establish good moral character. All said, a domestic violence conviction can certainly be a stumbling block in your application for citizenship, so you should definitely talk to an experienced immigration attorney before you decide to apply for naturalization. I\'d be happy to help. Please email or phone: [email protected] or 415-387-1364.

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Answered on 7/31/09, 5:01 pm


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