Need desperate Help with A Sensitive Citizenship question

[sam7na]

Help with a naturalization issue
Hi there , im a permanent green card ( 10 years green card ) holder since october 10, 2004. i got it through marriage . i got divorced and my divorce is final as of 04/03/09. My x wife is a US citizen i am now remarried to a different woman and expecting a child ( boy ) in august . My current wife is a US citizen as well . I am approaching my 5 years aniversary and i need to file my N400. However here is my issue :

in 2002 i got into a bad argument with my x wife . Honest to God i left my house against her wished after we argued a and she told me id regret it and boy i did regret it . Few minutes later on the road i got pulled over by the police as my x wife called 911 and said i hit her.

to make a long story short i got charged with 2 things :
1- Corporal injury - on spouse/cohabitant
2-Battery against cohabitant

on the first case it was dismmisssed had 3 years informal probation which was completed and done .

on the second case i plead guilty ( yes i know i was naiive and broke ,couldnt hire a decent attorney so i went with the district attorney offer and the court appointed attorney).

im told they my charges are misdemeanors. not sure what class of misdemeanors . is this going to affect my ability to get accepted for us citizenship and should i disclose them in the N400? also in the N400 they want certified copies of the court records on the case , should i get those copies from the court ?

Thank you very much
Sincerely Sam

 

[Bobsmyth]

Did you have to enter a plea on first charge as well? Did you declare the incidents on your GC application? Without knowing the specifics of your case and charges it's impossible to say how they may affect your chances.

 

[WBH]

Domestic violence is deportable offense but still admissible for GC purpose,if you disclosed the incidents on GC application form (I-485) and got the GC, the past conviction should not be used again for deportation purpose. It does not make sense for USCIS to give your a GC only in order to deport you at a later time (Matter of Rainford http://www.usdoj.gov/eoir/vll/intdec/vol20/3191.pdf)

But if you did not disclose it on your GC application, then it can be different.

Remmeber the most important thing to consider npw is whether there is a risk to GC. If GC is safe, the worst thing that can happen is the citizenship
is denied which is as good as not applying for it at all. The only thing you lose is application fee plus costs of two trip (FP and interview). But if the GC
is in danger, then you have to make a tough decision

 

[Jackolantern]

to make a long story short i got charged with 2 things :
1- Corporal injury - on spouse/cohabitant
2-Battery against cohabitant

on the first case it was dismmisssed had 3 years informal probation which was completed and done .

on the second case i plead guilty ( yes i know i was naiive and broke ,couldnt hire a decent attorney so i went with the district attorney offer and the court appointed attorney).

Probation is normally seen as a conviction for immigration purposes. So you have 2 convictions. Applying for citizenship could trigger your deportation depending on the details of the offenses, so see a good lawyer before applying.

 

[WBH]

Probation is normally seen as a conviction for immigration purposes. So you have 2 convictions. Applying for citizenship could trigger your deportation depending on the details of the offenses, so see a good lawyer before applying.

Has it ever occured anyone was deported because of any crime of offense commited before getting the GC assuming the person disclosed the
incidents on the I-485?