Legal Question in Immigration Law in California

I am on 3 years formal probation on Misdemeanor 664/242 PC attmpted battery charge (pled guilty). I was charged on 288PC F, but they dismiss that violation after the court trail. I do not have any previous violation. i am going to finish my probation very soon. According to court paper they will dismiss my case if i finish my probation sucessfully.

I am living here in USA for 6 years as a legal resident. Would i be able to apply for citizenship after i get my dismiss from probation. What documents will be needed?


Asked on 7/14/11, 9:25 pm

1 Answer from Attorneys
Sholeh Iravantchi The Law Offices of Sholeh Iravantchi

Previously conviction of one misdemeanor did not place you on removal proceedings and you were able to apply for citizenship. However, recently there has been cases that indicate that one misdemeanor specially if is moral turpitude type may place you in the proceedings.

Also the date of conviction is important. Depending upon if it was after 5 years of being resident or before.

In your case it appears that if you have successfully complied and your probation is done, you may apply for citizenship. However, I think you will be required to submit further evidence with regards to you plea.

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Answered on 8/04/11, 6:41 pm


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