Friday, April 4, 2014

can I apply for citizenship even if I been convicted for simple assault 10 years ago ?

Question

can I apply for citizenship even if I been convicted for simple assault 10 years ago ?



Answer

It's possible. You may want to have a criminal - immigration lawyer review the conviction language to determine if it subjects you to removal proceedings. A person can be eligible to file to naturalize and still be deportable.

Simple assault can cause deportation depending on the language of the statute and the potential penalty that attaches. The language should be reviewed in light of the recent case of Descamps v. U.S., a U.S. Supreme Court case from last year.

While this may seem overly conservative, the last thing any lawyer wants to see happen is to file thinking a client is getting citizenship and then they get put in removal proceedings. Please take the time to get a complete analysis. If you're interested in our firm for that and representation during the naturalization process, please contact us. We routinely appear in both the Charlotte and Durham USCIS offices.



Answer

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM



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