By Beverly Byrd
Question: Hello Attorney Byrd. My husband wants to apply for naturalization, but he is on probation for a disturbing the peace conviction he received because of an argument with a neighbor. Can he still apply for naturalization, or will this cause him problems? Thank you Attorney. God bless. Ma. Teracita.
Answer: Hello Teracita. Thank you for your question. USCIS is prohibited from naturalizing an applicant who is on probation. However, the application could be filed while an applicant is on probation, and potentially approved if the applicant is no longer on probation when the decision is made. As it takes approximately 3 to 4 months to currently have a naturalization interview scheduled, your husband would have some limited time for his probation to end, or to make a motion to the criminal court to have his probation terminated early. He should speak with his criminal defense attorney regarding early termination. He should also speak with a competent immigration attorney to assess his naturalization case and ensure that his conviction, and any other convictions that may exist, will not cause problems for his naturalization case. Good luck.
To ask Attorney Byrd an immigration question and have your answer appear in the weekly column, please e-mail Attorney Byrd at bab@byrdassociates.com. Though we usually receive a large number of inquiries, we will make every effort to reply to all questions.
Immigration News and Updates
H-1B Numbers Almost Exhausted
The maximum number of cap subject H-1B visa is almost reached. If you are planning to file for an H-1B visa, you should do so immediately to prevent losing your opportunity. Contact a competent immigration attorney to help you and your employer file.
Car Impoundments for
Persons Here Illegally
Governor Jerry Brown signed a new law that prevents unnecessary car impoundments that severely harm immigrant families in California. It allows drivers pulled over for non-DUI offenses to obtain a licensed driver to remove the car before the checkpoint ends and thus avoid impoundments, which are typically for 30 days and result in the forfeiture of the car since towing and impoundment fees commonly exceed the value of the vehicle.
Misdemeanors Now Not as Serious in Two Local Counties
Sacramento and Santa Clara County District Attorneys have developed policies to infract misdemeanor convictions (making them infractions rather then misdemeanors, thus less serious) to prevent undocumented immigrants from entering the criminal justice system. Examples: driving without a license and driving with a suspended license. The DA in Santa Clara County is considering infracting petty thefts.
Attorney Beverly Byrd received a Master’s in International Law from the prestigious Georgetown University law Center in Washington, D.C. Philippines President Arroyo and U.S. President Bill Clinton are alumni of Georgetown. Attorney Byrd has practiced only immigration law for over 10 years. She has helped thousands of Filipinos in the Bay Area with their immigration issues.
Currently, Byrd & Associates offers a consultation with Attorney Byrd for $25. Please feel free to contact Attorney Byrd via e-mail at bab@byrdassociates.com, or via telephone at either of her Bay Area two offices found below. You can also visit our website to read our immigration Blog, follow us on Facebook and Twitter and see our LinkedIn profile.
San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
Toll Free 800-794-4546
San Francisco Office
One Embarcadero Center,
Suite 500
San Francisco, CA 94111
Toll Free 800-794-4546
Answer: Hello Teracita. Thank you for your question. USCIS is prohibited from naturalizing an applicant who is on probation. However, the application could be filed while an applicant is on probation, and potentially approved if the applicant is no longer on probation when the decision is made. As it takes approximately 3 to 4 months to currently have a naturalization interview scheduled, your husband would have some limited time for his probation to end, or to make a motion to the criminal court to have his probation terminated early. He should speak with his criminal defense attorney regarding early termination. He should also speak with a competent immigration attorney to assess his naturalization case and ensure that his conviction, and any other convictions that may exist, will not cause problems for his naturalization case. Good luck.
To ask Attorney Byrd an immigration question and have your answer appear in the weekly column, please e-mail Attorney Byrd at bab@byrdassociates.com. Though we usually receive a large number of inquiries, we will make every effort to reply to all questions.
Immigration News and Updates
H-1B Numbers Almost Exhausted
The maximum number of cap subject H-1B visa is almost reached. If you are planning to file for an H-1B visa, you should do so immediately to prevent losing your opportunity. Contact a competent immigration attorney to help you and your employer file.
Car Impoundments for
Persons Here Illegally
Governor Jerry Brown signed a new law that prevents unnecessary car impoundments that severely harm immigrant families in California. It allows drivers pulled over for non-DUI offenses to obtain a licensed driver to remove the car before the checkpoint ends and thus avoid impoundments, which are typically for 30 days and result in the forfeiture of the car since towing and impoundment fees commonly exceed the value of the vehicle.
Misdemeanors Now Not as Serious in Two Local Counties
Sacramento and Santa Clara County District Attorneys have developed policies to infract misdemeanor convictions (making them infractions rather then misdemeanors, thus less serious) to prevent undocumented immigrants from entering the criminal justice system. Examples: driving without a license and driving with a suspended license. The DA in Santa Clara County is considering infracting petty thefts.
Attorney Beverly Byrd received a Master’s in International Law from the prestigious Georgetown University law Center in Washington, D.C. Philippines President Arroyo and U.S. President Bill Clinton are alumni of Georgetown. Attorney Byrd has practiced only immigration law for over 10 years. She has helped thousands of Filipinos in the Bay Area with their immigration issues.
Currently, Byrd & Associates offers a consultation with Attorney Byrd for $25. Please feel free to contact Attorney Byrd via e-mail at bab@byrdassociates.com, or via telephone at either of her Bay Area two offices found below. You can also visit our website to read our immigration Blog, follow us on Facebook and Twitter and see our LinkedIn profile.
San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
Toll Free 800-794-4546
San Francisco Office
One Embarcadero Center,
Suite 500
San Francisco, CA 94111
Toll Free 800-794-4546
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