Fraternity-Testvériség, 1961 (39. évfolyam, 1-12. szám)

1961-09-01 / 9. szám

FRATERNITY

17

QUESTIONS AND ANSWERS

WILL MY DIVORCE PREVENT MY NATURALIZATION?

Question: I came to the United States as an immigrant five years ago and therefore have been here long enough to apply for naturalization. I came to the United States with my husband, but we were divorced six months ago. Will that interfere with my naturalization?

Answer: Ordinarily divorce does not affect the right of a person to be naturalized. You will remember, however, that our naturalization law requires a candidate for citizenship to show good moral character during the period of residence in the United States required for naturalization. Sometimes, of course, a divorce might involve circumstances which would reflect on the good moral character on one or both parties to the divorce. The law' specifically provides, for example, that a person who has committed adultery during the period during which good moral character is required, cannot be regarded as a person of good moral character. (In such a case it would be necessary to wait five years after the act in question.) A divorce granted because of adultery would not, of course, affect the naturalization of the innocent party, generally speaking, and in the absence of special circumstances, the mere fact of divorce does not interfere with naturalization.

"GOOD MORAL CHARACTER" AND NATURALIZATION

Question: I am an alien and have lived in the United States for many years. I would like to be naturalized, but am afraid I may not meet the requirements. Early in 1930, I was convicted of petty larceny and was put on probation for six months. In 1942, I got into a fight and was convicted of assault and battery, and fined $25.00. Will these convictions prevent me from becoming a citizen?

Answer: No, not if you can show good moral character during the five years preceding your application for citizenship. The burden is on the applicant to convince the court that he meets this requirement. In determining that he has done so, the law provides that the court ‘‘may take into consideration as a basis for such determination the petitioner’s conduct and actions at any time prior to that period”. However, if you can show good moral character since 1942 and have not been in any trouble with the police, you should be able to satisfy the court that you meet the “good moral character” requirement. Since there are many borderline questions in cases such as yours, it is better when in doubt to consult a social agency experienced in immigration and naturalization matters, or an attorney specializing in the field, before filing any application.