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

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. (blog)

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Answered on 8/08/09, 1:07 am
David Nachman Nachman & Associates, P.C.

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

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Answered on 8/08/09, 3:39 am

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