Legal Question in Immigration Law in Florida

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?

Asked on 8/08/09, 11:31 am

3 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

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. (blog)

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Answered on 8/08/09, 3:38 pm
Luba Smal Smal Immigration Law Office

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?.

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Answered on 8/08/09, 3:38 pm
David Nachman Nachman & Associates, P.C.

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.

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Answered on 8/08/09, 5:38 pm

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