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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105700
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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2 years ago my husband was convicted of class c misdemeanor

Customer Question

Hi there. 2 years ago my husband was convicted of class c misdemeanor disorderly conduct. He was approved after that for a renewal of his green card. Now he wants to apply for citizenship. Will he be denied?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: Permanent resident
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: He was charged with aggravated assault, moral turpitude
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Assuming that the aggravated assault was reduced to disorderly conduct, that is a minor crime, but since U.S. Citizenship is not a requirement to stay in the U.S., they can be much harsher with the requirements. I recommend not applying for U.S. Citizenship until a full 5 years have passed since his criminal case was closed INCLUDING any time on probation. If he applies earlier than that, they most likely will deny him and he will lose $680 and will just have to apply again when 5 years have passed since the close of his criminal case.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 4 months ago.
Hi there, thank you so much for your prompt reply. I just wanted to make sure that I clearly understood your reply. I hope you don't mind me repeating my situation for better clarification. My husband had just entered the US and was charged with assault bodily injury to a family member, and moral turptitude. Because of the evidence, he was proven not guilty of these charges and instead, convicted of a class c misdemeanor disorderly conduct. He was given 3 months deferred adjucation proforma along with $500 fine. This was back in August 2014. And this was also right before he was to apply for a renewal of his green card, since the 2 year expiration was near. He was approved of the renewal despite the new convinction, and given a 10 year green card. Now, it's been 4 years since he's been in the US, 2 of which were after the convinction and no issues with the law. If he applied for naturalization, will they look at the charges instead of the conviction and deport him? I spoke to an immigration consultant and they told us that he would literally have to jump through hoops to not get denied because of the conviction. Would this conviction prevent him from becoming a US citizen after the recommended 5 years?
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

No. Disorderly conduct is not a deportable offense. If he admitted to the essential elements of domestic violence, he would be deportable from the U.S., but if he did not and he was ONLY convicted of disorderly conduct, then they should just deny his U.S. Citizenship application if he applies before 5 years have passed since the close of his criminal case. If he waits the 5 years, that case should not prevent him from getting U.S. Citizenship as long as he can prove good moral character during the 5 years before applying and is otherwise eligible.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello Aimee. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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