Grayson, GA asked in Immigration Law for Georgia

Q: I have been here for 5 years with green card what allow me to apply for citizenship

my question can I apply for citizenship if I have court date but the date for the court didn’t come yet because I transferred the ticket to another court because I don’t wanna get points on my license and the date of the court didn’t show up yet

, the traffic ticket hit and run but no injured and no prison . Just ticket. There is any way to apply without waiting the date court Because maybe take long time to come

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

A: Based on your situation, here are a few key points to consider:

1. Continuous Residence: Generally, to apply for U.S. citizenship through naturalization, you must have been a permanent resident (green card holder) for at least 5 years and have maintained continuous residence in the U.S. during that time.

2. Good Moral Character: To be eligible for naturalization, you must demonstrate good moral character. Having a pending court case or a criminal record may raise questions about your moral character.

3. Impact of a Criminal Record: While a traffic ticket alone may not automatically disqualify you from naturalization, the nature and severity of the offense (hit and run) could be a concern. It's essential to disclose all criminal history, including pending charges, on your naturalization application.

4. Waiting for Court Resolution: It's generally advisable to wait for the final resolution of your court case before applying for naturalization. The outcome of your case could impact your eligibility, and failing to disclose a pending case could be viewed as a lack of candor.

5. Consulting with an Attorney: Given the complexity of your situation, it's highly recommended that you consult with an experienced immigration attorney. They can assess your specific circumstances, advise you on the best course of action, and help you navigate the naturalization process while addressing any potential challenges related to your pending court case.

Remember, while you may meet the basic eligibility requirements for naturalization (such as the 5-year residency), the pending court case and the nature of the offense could potentially complicate your application. It's crucial to seek professional legal guidance to ensure you proceed in the most appropriate manner.

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