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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 489
Experience:  Managing Attorney at a Law Firm
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I went in for my naturalization test yesterday and passed it

Customer Question

Hello so i went in for my naturalization test yesterday and passed it but he asked me about a domestic violence charge i had in 2011. So they did not give me an answer and said the case had to be reviewed by a supervisor. Does that mean i will be denied.
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 5 months ago.

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship.

I've reviewed your question, and I'm happy to help. Was the charge a misdemeanor of felony?

Customer: replied 5 months ago.
Misdemeanor
Expert:  Nisha Jones, Esq. replied 5 months ago.

Okay, thanks for that additional information. Please allow me just a few minutes while I prepare some information for you, thanks!

Customer: replied 5 months ago.
I am really nervous. Sorry i am at work.
Customer: replied 5 months ago.
Ok thankyou. I just need some hope at least.
Customer: replied 5 months ago.
Are you still there?
Expert:  Nisha Jones, Esq. replied 5 months ago.

No, this does not necessarily mean that your case will be denied automatically, however unfortunately it is a possibility.

The immigration supervisor will be reviewing your case to make sure that you have "good moral character."

Has it been 5 years since this conviction took place? If so, that is something USCIS considers, and it works in your favor for a finding of good moral character. If it's been less than 5 years, then it is possible they could view this prejudicially and deny your petition based on a finding that you lack "good moral character." Hopefully this doesn't happen, but it is possible.

Also, the way immigration deportation laws work is that if you commit a "crime of moral turpitude" that is punishable by one year or more in jail, within 5 years of having been in the US, it makes you deportable. If this was a misdemeanor though, punishable by less than one year in jail, then this should not be applicable to you. But it does go to show that USCIS looks at domestic violence crimes rather unfavorably.

Again, making a finding of "good moral character" is why the person you interviewed with needed to take your case back to a supervisor for review. Hopefully you'll still be able to naturalize, but again, depending on the facts of that underlying case, you may be denied at this time.

If that does happen, then you will want to wait until it has been 5 years since the date of that conviction, before you try to re-apply for naturalization. My recommendation would be to hire an immigration attorney to help you with that as well, and ensure that everything is filed correctly next time.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to kindly rate me using 3 stars or more, as this is the only way experts are compensated for our time here on 'just answer'. I do not receive a salary here, and am only compensated for my time after you leave me a positive rating. The question won't close after you rate me, so you can still ask any follow-up questions you might have. Thanks so much, I appreciate it!

Customer: replied 5 months ago.
Do you know approximately how long it takes before recieving an answer.
Expert:  Nisha Jones, Esq. replied 5 months ago.

You should hear back from them within the next few weeks.

If it's any longer and you haven't heard anything yet, then give them a call at 1(###) ###-#### provide them with your case number ***** they should let you know.

I hope that help, and I wish you the best of luck!

Just a gentle reminder: please take a moment to rate me using 3 stars or more before leaving the page, as it's the only way JustAnswer compensates me for my time. Thanks so much!

Customer: replied 5 months ago.
Thankyou so much
Expert:  Nisha Jones, Esq. replied 5 months ago.

You're welcome, no problem! If you ever have any more legal questions in the future and would like my help, please feel free to reach out to me by adding "For Nisha" in the first part of your question. Best of luck to you!

And please don't forget to take moment to rate my answer using the stars as it's important for me to be compensated for my time, thanks!

Expert:  Nisha Jones, Esq. replied 5 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Customer: replied 5 months ago.
No just anxious to hear about whats going to happen i am a nervous wreck.
Expert:  Nisha Jones, Esq. replied 5 months ago.

That's understandable. Let's hope for the best and wait to hear back!

I know you mentioned that this was helpful for you and that you were thankful for my help, and I'm glad that I was able to help!

However, the JustAnswer site only compensates me for my time after you leave me a positive rating of 3 stars or more. Which means, even though I've answered your question, I won't actually be compensated for my time unless you leave a positive rating. As such I'd like to ask that you please take a moment to rate me using the stars at this time. Thanks so much, I appreciate it!