Anoka, MN asked in Immigration Law for Minnesota

Q: Can I apply for citizenship if I have a 5th-degree assault charge for 8 years ago, no arrest occurred?

I'm a Green Card holder for almost 10 years, I have a 5th-degree assault charge for 8 years ago; no arrest occurred, and a normal traffic ticket for an accident. Will I be disqualified if I apply for citizenship?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If you're considering applying for citizenship and you have a history that includes a 5th-degree assault charge from eight years ago, without any resulting arrest, and a minor traffic violation, these incidents could impact your application, but they don't automatically disqualify you. U.S. Citizenship and Immigration Services (USCIS) evaluates each case on its own merits, considering the nature, number, and recency of any offenses.

It's important to provide all relevant details about your past incidents in your application and during the interview process. Transparency is key. Any misleading information or omissions can be more damaging than the actual record. Additionally, demonstrating rehabilitation and good moral character since the incident can be beneficial.

Given your long-term residency as a Green Card holder and assuming there are no other significant issues, you might still be a strong candidate for citizenship. However, it would be wise to consult with an immigration attorney who can provide personalized advice based on the specifics of your situation. They can offer guidance on how best to present your case and whether there are any steps you should take to improve your chances of approval.

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