07 Jul Can you naturalize if you have a Domestic Violence conviction?
By Atty. Chris Caday Lozano
First, the good news is that for N-400 application for Naturalization processing time has improved. My clients are getting interview notices in less than a year. USCIS has improved their interview procedure such that an applicant can be sworn in immediately after the interview.
Now let us go to the case of Domestic Violence. A conviction of Domestic Violence will make you deportable and inadmissible. If you travel outside the U.S. you will be sent to second interview at the port of entry because that will trigger on your green card. In order to avoid this situation, you should consult with an immigration attorney to analyze your case of Domestic Violence. There are requirements for the conviction to be deportable. These requirements are: 1) the crime has a potential sentence of one year or more 2) the crime was committed within five years after date of admission. Based on this requirements, whenever you have encounter with the police or the USCIS agents, you may be sent to Removal Proceedings. There is a way to avoid this situation and that is to consult with an immigration attorney if you can naturalize. An attorney can analyze your case and argue that the crime is a first offense exception or that the potential sentence was not for one year or more or argue that the crime happened after five years of your admission to the U.S.
If you are convicted of two or more domestic Violence or other crime involving moral turpitude, then consult with an immigration attorney if you can avail of the exception and arguments specified above. If you qualify for the exception, you may be able to naturalize.
Note: This is not a legal advice and presented for information purposes only. If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
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For the month of June 2022, we received approvals from USCIS six naturalization applications, two Fiancée visa petition, five removals of condition on residence and four adjustment of status applications.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy, personal injury and income tax problems since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/