cmstrick

Can someone clarify the following for me please:

LPR for the past 16 years files N-400 to naturalize. Has had 2 convictions within the past 4 years. The first was a domestic violence charge that was pleaded down to battery. The second was the same plus included violation of the restraining order obtained because of the first violation.

I can clearly find online that someone convicted of DV is not eliegible for naturalization but what about the scenario above?

I think this person should not apply to naturalize because they could even be deported, right?

Ray

I woould keep away from that for at least more 5 years
But check with a lawyer

crg

What happened to the second DV charge? Did they plead that down to battery as well? Why would you say that's a CIMT? Was the person found guilty of violating the restraining order?

ian-mstm

The issue, despite your subject heading, doesn't really have anything to do with CIMT. It has to do with the N-400 requirement to demonstrate "good moral character" for the 5 years immediately preceding the application. That'd be 5 years *after* whatever punishments have been discharged. If, for example, he has 3 years probation starting today, then he'd need to wait 3 + 5 = 8 years before applying.

Ian

crg

He's got bigger concerns than becoming a citizen. He could be at risk for losing the green card altogether. There are a handful of offenses that don't make someone inadmissible, but they can be removable.

Someone who had such a conviction could come visit without even need1ing a waiver, but they can be removed from the US if they commit the offense after entry. This can really jam up an LPR.


Section 237(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

.....

(E) 6/ Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.-

(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.


(ii) Violators of protection orders.-Any alien who at any time after entry is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term "protection order" means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.