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
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.
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.