Apply for citizenship?

[saritaj14]

First of all, hello everyone! I discovered your awesome website a few weeks ago and thus the addiction has begun! I am very interested in immigration since my husband is an immigrant and my career is centered around immigrants as well. Here is my question/concern: My husband has been in the US for 15 years. He got his green card when he was married to his first wife. Unfortunately, he also got two charges of domestic violence when he was married to her. Long story, bad marriage, it looks bad but remember there are two sides to every story and his ex wife had a huge part in the incidences but she of course, did not get charged with anything. Last summer we were very scared for him to renew his green card since he had these two charges on his record. Thank God everything went fine and he was renewed. We have been kicking the idea around of filing for citizenship. I am scared to death that if we do that then he will get deported. We have a very good lawyer and he said it is a risk, but we also have a good shot. These charges are from 10 years ago, he has 4 USC children here that he is supporting. However, the lawyer did say you never know with the immigration system.
I am wondering if anyone else has had a similar situation and what was the outcome? I of course would LOVE for my hubby to have citizenship so we would never have to deal with immigration again but I also know I have him here with me and the kids for 9 more years guaranteed so do I mess with that?

[Lupita]

hello :wave: and :welcome: .....im sorry i dont have an answer 4 u but someone will chime in soon .....

[mymexicanman]

hmmm not sure.... but 9more yrs guaranteed is better then risking anything...

[angel_eyes]

First of all, hello everyone! I discovered your awesome website a few weeks ago and thus the addiction has begun! I am very interested in immigration since my husband is an immigrant and my career is centered around immigrants as well. Here is my question/concern: My husband has been in the US for 15 years. He got his green card when he was married to his first wife. Unfortunately, he also got two charges of domestic violence when he was married to her. Long story, bad marriage, it looks bad but remember there are two sides to every story and his ex wife had a huge part in the incidences but she of course, did not get charged with anything. Last summer we were very scared for him to renew his green card since he had these two charges on his record. Thank God everything went fine and he was renewed. We have been kicking the idea around of filing for citizenship. I am scared to death that if we do that then he will get deported. We have a very good lawyer and he said it is a risk, but we also have a good shot. These charges are from 10 years ago, he has 4 USC children here that he is supporting. However, the lawyer did say you never know with the immigration system.
I am wondering if anyone else has had a similar situation and what was the outcome? I of course would LOVE for my hubby to have citizenship so we would never have to deal with immigration again but I also know I have him here with me and the kids for 9 more years guaranteed so do I mess with that?

one of the citizenship requirements is that he should be a lawful permanent resident within the last 5 years of being here... since it happened 10 yrs ago, i think he should be fine... he should file a form called N400... on the form there are questions there about good moral character and whether he committed, was arrested or charged of any offense... he should answer truthfully and submit supporting documents about the charge... to know more about wether he qualifies for citizenship, read on the guide to citizenship... you can go to any immigration ofc and ask for a copy or you can call uscis number 1-800-375-5283 for a copy or you can download it yourself on their website... go to www.uscis.gov ... click on immigration forms... click N400... on the right hand corner of the screen, there is a link to the guide to naturalization... you can also download the form N400(application for naturalization) .... good luck

[angel_eyes]

there is a risk to everything... just read on the guide to naturalization an.... hopefully your questions will be answered... i don't think he will be deported anyway if he doesn't qualify for naturalization... they should have done it already when he had all those charges and also when he renewed the green card... i think worst case scenario is they will deny him citizenship...

[Kolken]

See INA §237(a)(2)(E): A conviction at any time after admission for domestic violence renders you deportable.

There is a waiver under INA §237(a)(7) which may be granted by the AG to a person who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of the violence in the relationship upon a determination that the individual was acting in self defense, violated a protective order intended to protect her/him or was arrested for, convicted of, or pled guilty to committing a crime that did not result in serious bodily injury and there was a connection between the crime and being battered or subject to extreme cruelty.

Because the conviction is more than 5 years old it should not preclude your husband from establishing that he maintains the requisite good moral character for purposes of naturalization...

BUT

He may still be deportable, and it will be in the discretion of CIS if they want to adjudicate the N-400, or institute removal proceedings.

Your lawyer is correct...

Risky.

[Kolken]

i think worst case scenario is they will deny him citizenship...

The worst case scenario is that they institute removal proceedings against him and deport him.

Although he may be eligible for cancellation of removal depending on the date of his admission, and the date of his conviction.

[simply-heartfelt]

The worst case scenario is that they institute removal proceedings against him and deport him.

Although he may be eligible for cancellation of removal depending on the date of his admission, and the date of his conviction.

So helpful Kolken!!! It's wonderful to have attorneys willing to donate their time to help others! Thanks!!!

[Kolken]

One other important thing that came to mind...

If the conviction is interpreted as a crime of violence (CoV) under 18 U.S.C. §16 (not including a purely political offense) it may be an aggravated felony under INA §101(a)(43).

The BIA's definition of a CoV includes any offense where either:

A. the elements of the offense must be such that the use, attempted use, or threatened use of physical force is an element, or

B. the nature of the crime, as evidenced by the generic elements of the offense, must be such that its commission ordinarily would present a risk that physical force would be used against the person or the property of another irrespective of whether the risk develops or harm actually occurs.

An offense is not a CoV if you may convicted for less than intentional conduct.

In any event, if the conviction is interpreted as being a CoV, and subsequently an aggravated felony, your husband will not have any relief available to him.

BE VERY CAREFUL BEFORE YOU DO ANYTHING.

Make sure your lawyer understands the immigration consequences of criminal convictions. Do not just roll the dice on this, as it could have grave consequences.

[saritaj14]

Thanks, Kolken. I guess you confirmed our worries. I think we felt like if he was allowed to renew his green card then perhaps he would also be granted citizenship. I don't know if immigration could have "missed" his confictions and if he applied for citizenship they would dig deeper? I have no idea if that is the case or not. I have never wanted my SO to apply for citizenship because of my confimed worries but he says-if you just stand on the beach you will never learn to swim. I say-BUT that doesn't mean you throw yourself into a pool of sharks!

[angel_eyes]

thanks kolken for the info... wow, everyday i learn something from this thread... great great info...