Q: Husband planning to apply for Naturalization, but unsure due to his past criminal record?
My husband became a US Permenent Resident 4 years ago through our marriage. He now would like to become a US Citizen, but he is afraid it may be denied due to his past offenses from 2010 and later. They are all misdemenors, traffic violations, and one arrest (detained less than 4 hours). These all have been dismissed. All the above were stated in his I-130, and since then he has had nothing new. Could his past record affect in anyway his Citizenship application/process?
A: The requirements for Naturalization are higher than those for a green card and someone who may have successfully obtained a green card, may not qualify to naturalize, or may be denied naturalization at the discretion of USCIS. Your husband should have his records reviewed to determine if any of his charges are a complete bar to naturalization, or if they are something that can be discretionarily used to deny his application. An experienced lawyer will be able to analyze the specific charges and provide your husband with an opinion as to his chances of a successful petition.
A misdemeanor in criminal court may be considered a CIMT and can be considered an aggravated felony for immigration purposes.
When a charge is dissmissed after agreeing to any type of program probation payment of a fine or court costs this may be considered an admission of guit for immigration purposes.
The date of occurrence is important and a record of ongoing behavior is important.
For the foregoing reasons I suggest you husband have his record reviewed by an experienced immigration attorney who has experience specifically in the area of the effects of a criminal record on Naturalization.
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