Q: Green card holder for over 5 years divorced then remarried, I was ready to apply for name change and citizenship,
I am now on probation for a trespassing charge from my ex husbands wife who assaulted me, my attorney did want to take it to trail due to not being American so I took a plea deal, I should have it terminated at 6 months (this month) when can I do a name change and/or apply for my citizenship,
A:
Before applying for naturalization, have a competent immigration attorney review your criminal case documents. For naturalization, one must demonstrate good moral character (either for a 3-year or 5-year period just prior to applying, the precise number of years dependent under which section of the law you are applying). Also, USCIS will not approve one for naturalization while that person is on active probation. In addition to analyzing whether your criminal offense might implicate a lack of good moral character for naturalization eligibility purposes, you need to make sure it is also not a removable (deportable) offense. Bring with you to a consultation at an immigration attorney's office all of your past immigration documents and for all past criminal cases the following: police arrest report; charging document, plea agreement (if applicable), pre-trial intervention program / diversion program agreement (if applicable), proof of completion of PTI / diversion program (if applicable), notice of nolle prosequi (if applicable), final judgment and sentence (if applicable), proof of completion of judgment and sentence (if applicable) (e.g., proof of fines paid, jail time served, probation completed, etc.).
Some immigration attorneys, like myself, offer telephone or online (Skype) consultations for those who are not local. For such an appointment, it would be useful to provide in-advance copies of the aforementioned documents.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.