Legal Question in Immigration Law in Florida

misdemeanor crime/ assault

i am 31 years of age, i got into a fight when i was 21 and i caused some harm to the other person, i was charged with 4 counts , 1 of those was a felony, months later the court reduced them to 2 ; one misdemenor and the other one was a felony. we went to trial and i was found guilty of a misdemenor class A/ TFG 120/ ASSAULT WITH INTENT/ I have a green card my family are all US CITIZENS ,,i had my citizenship appointment and they gave me a new appointment saying that i need to bring information about my case since day one .. would i be able to get the US citizenship or be in deportation danger?


Asked on 5/12/06, 5:28 pm

1 Answer from Attorneys

Fidel Iglesias-Lopez Fidel Iglesias-Lopez, P.A.

Re: misdemeanor crime/ assault

Hi,

You would be well advised to seek competent legal counsel versed in the impact of criminal conduct/convictions on your immigration status in the USA, including possible Removal and your pending USC. He or she should first conduct a thorough investigation of your criminal AND immigration records before venturing an opinion.

Depending on how the charge(s) is/are defined by the relevant statute(s); whether you admitted to any of said charge(s); whether you were adjudicated guilty/no contest to any such charge(s); whether the charge(s) was/were NP; and so on, your criminal record might very well affect your status and pending USC. Sometimes a state misdemeanor, even a single one, may trigger grounds of removability or inadmissibility (e.g., domestic violence). Other times there may be waivers, through the INA, available for same.

On the other hand, it is sometimes possible to vacate prior convictions, for legal and not rehabilitative reasons, and thus improve an alien's immigration situation. However, there exist very secific procedural and other bars to doing this. That's why you should have consulted an attorney, ideally, before filing your NATZ. Certainly now from your fact pattern.

It's a shame you waited until now to inquire about the above. Time is usually of the essence in these types of cases. But maybe it's not too late yet.

Hopes this helps.

THE ABOVE IS NOT LEGAL ADVICE. IT IS NOT LEGAL REPRESENTATION. IT IS NOT LEGAL SOLICITATION. AND IT ASSUMES NO LAW ENFORCEMENT INVESTIGATION.

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Answered on 5/12/06, 7:03 pm


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