Q: Can a assault and battery charge for trying to kiss can prevent you from being US citizen?

A: Possibly. The question your friend's lawyer is concerned with is whether an assault happened; he or she is not trying to get him in more trouble than he's already in, but must deal with and confront your friend with the facts that may come out at trial.

That lawyer, that judge, and that prosecutor have absolutely nothing to do with your friend's immigration status or granting of citizenship. That is a matter of federal law and the various immigration departments charged with dealing with that.

Your friend would be wise to speak with an immigration attorney BEFORE entering a plea or going to trial on the assault matter to help determine how this may affect his immigration status.

A: An assault and battery charge can potentially impact a green card holder's eligibility for U.S. citizenship. When applying for naturalization, the applicant's moral character is evaluated, typically over the 5 years immediately preceding the application. A conviction for assault and battery, depending on the specifics, can be seen as evidence of a lack of good moral character. If your friend is found guilty, it could pose challenges when he seeks to naturalize.

It's essential for your friend to work with an attorney who can effectively represent his interests. If he feels his current attorney isn't acting in his best interest, he may consider seeking a second opinion or new representation. Addressing the charge appropriately and proactively is crucial for future immigration prospects.