Legal Question in Immigration Law in California

I am trying to determine the correct answer to the following:

I have been told by an immigration lawyer that in order to apply for citizenship whilst holding a Permanent Resident (green card holder) status, that I must have 5 clean years without what is conceived by the Department as a crime of moral turpitude conviction.

What I am unsure of is when does the period start to accrue? Is it (a). from the date the crime was committed? - July 15th approx 2011; or (b) Sept 26th approx - the date of the arrest and criminal charge; or (c) jan 10th approx 2012 - the date of the court conviction?

I would assume that it is from the date of the committing of the offence, but uncertain and can't find the statute or derived rule in the Dept of Homeland Security /INS.


Asked on 5/09/16, 11:07 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

The 5 year period is 5 years prior to the date you file the N-400. However, depending on what you were convicted of & how many arrests or convictions you have, USCIS can still consider all prior criminal history, which could affect your eligibility to naturalize. You must also submit certified court dispositions for all convictions, despite when they occurred.

Read more
Answered on 5/10/16, 6:50 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call us at (212) 968-8600. Kind regards, RDM

Read more
Answered on 6/09/16, 11:58 pm


Related Questions & Answers

More Immigration Law questions and answers in California