Legal Question in Immigration Law in California

I have a girl friend who came to the US, from Peru, in Jan 2004 with her family. There was her husband and 2 boys. They are here on green cards. After arriving she became pregnant and had a girl here in the US. In Aug of the same year(2004). She discovered her husband had been cheating and had another family in their home country of Peru. She became angry and pinched him very hard on the arm in the area of his inner elbow. A significant bruise formed at the location. Her husband called the police. They came and she admitted she pinched him. One of the officers advised her not to say anything, but she did not know our laws and was honest and admitted what she had done. They went to court and she was found guilty of battery. Her sentence was 206 hrs of community service. She finished her community service in 3 months. The judge said, that was the fastest time he has seen someone finish their service. He reduced her probation to 18 months from 3 yrs. She also worked 2 jobs during this time to care for her kids. Her case has been closed. She has had no other incidents of any kind with the law. Her credit is pretty good, FICO 743. 1 of her kids has entered UC Irvine on a scholarship and distinguished himself in high school with 3.67 GPA, community service and Class President. Her other 2 kids are getting A's and B's in school. They are all very well mannered and honest. She is concerned about applying for citizenship because she was told that if you have any legal problems in your first year in the US, you application will be denied and you will be deported. Her ex husband has little to do with the kids and resists paying child support. His recent attempt to drastically reduce the amount he pays was denied. It had been cut to 30% of original amount on temporary basis, but reinstated to original amount 90 days later. DO YOU THINK SHE WILL HAVE A PROBLEM OBTAINING HER CITIZENSHIP? SHE IS 47. HER KIDS ARE 18, 14, AND 9.

Asked on 10/07/15, 9:48 pm

3 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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USCIS will look into all arrests & convictions within 5 years of applying for naturalization. I suggest she have an immigration attorney review her Court Disposition to give her advice as to whether she should apply now or not. Based on what you have stated, she should be fine, but I cannot give an opinion without reviewing the Court disposition & knowing about any other criminal issues she may have had since becoming a U.S. Legal Permanent Resident. Her kids' GPAs etc are completely irrelevant to the case. Her child support or issues with her Ex- are also irrelevant.

Answered on 10/08/15, 8:45 am

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Philip Eichorn Hammond Law Group

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There are several things in there that are important. First is her 18 year old child and his/her ability to naturalize (become a citizen). The child obtaining such status is great for that child but is also a defense mechanism in case the criminal issue does trigger a removal action. Second, prior counsel is spot on about reviewing the criminal conviction record and how the children's GPAs are the child support issues are not relevant to a finding of good moral character within the statutory period. Lastly, and assuming that the conviction is not for a deportable crime, that criminal conviction cannot be the sole basis for denying her citizenship since it resides outside the good moral character period.

Here's where your friend needs to retain counsel who is experienced in handling the matter and not simply from a perspective of her naturalization case but also regarding putting measures into place to defend her in removal proceedings should they be triggered and working to ensure the entire family is properly protected.

Answered on 10/08/15, 11:01 am

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