Miami, FL asked in Immigration Law for Florida

Q: For some reason it won’t let me post my question in this section, I’ve inserted into the more information window, Thank

Hi, I’m a current green card holder living in Florida, approximately 16/18 years ago I was convicted of an assault in the 3rd degree (plea bargain), apparently it’s a crime committed without malice and non deportable, I do travel frequently internationally and I’m red flagged without fail on re-entry, as for my lifetime record it’s my only conviction in 67 years (Dec 1955), I currently receive monthly social security payments which are paid into my bank, I would like to see out my remaining years living in Spain and leave the option of sporadicly returning to visit my wife and 2 sons, I’m aware that I’m allowed to stay outside the US for up to 1 year, I guess my question/s are what are my chances of successfully obtaining my citizenship, if your answer is negative and I stay outside the US permanently (forfeiting my Green card) will my social security payments continue or am I destined to live in Spain for 5 months and return for 7 month’s annually, for me the last option would be cos

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1 Lawyer Answer
Kevin D. Slattery
Kevin D. Slattery
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: If in the future you would like to spend extended amounts of time outside of the United States as well as enjoy all of the benefits that you have accumulated/earned here in the U.S. while in permanent resident status, it may be advisable for you to seek naturalization. Simple assault is generally not considered a crime involving moral turpitude. Moreover, for naturalization you need to demonstrate, among other things, good moral character for only the last 5 years (or 3 years if applying based on the fact that you have been married to and living with a U.S. Citizen spouse for the 3 years just prior to filing). Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate more fully your eligibility for naturalization. Ever since the onset of the COVID-19 pandemic, many attorneys offer telephonic or online video consultations.

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