I landed in the US in Oct 1998 on H1-B visa and got married to a US citizen in Oct 2001.
I pleaded guilty to a domestic violence assault in the third degree NY 120.00(1) in Mar 2004 for hitting my wife with a belt. She did not press charges, stood by me at every phase of the proceedings, my attorney did a good job and I was conditionally discharged with no jail time, no probation, no community service - just a 4-month class which I completed. I feel terrible to this day for the meltdown I had that day. A year later we made a child.
Plotting to take advantage of my record in NY and setup her addictive lifestyle (with divorce trial at her terms while I would be in prison), she tried to have me convicted of false abuse accusations (a misdemeanor and a felony at the same time) in 2008, I was arrested and later acquitted at trial on both cases. We got divorced in 2010.
I lived in the US for over 14 years and I have a child who is born here. My son is my only family and the meaning and love of my life. I don't want him to end up in a foster home facing hardships if my ex-wife eats to death with her eating disorder or dies an untimely death. If I apply for citizenship, will it be approved by the USCIS or will they initiate action for my removal/deportation? Are there any grounds for ineligibility? I got my conditional green card in 2003 which was removed of conditions in 2005 (after the conviction in NY/2004 which I mentioned to them during the conditions interview as well), GC is valid until 2016 and I did not have any employment issues as the NY 2004 case did not affect my background checks in anyway. I heard that crimes with a possibility of more than a year jail/prison time and actual conviction in jail/prison of more than 6 months are grounds for citizenship ineligibility. Will my conviction be considered as a petty offense exception as I was not sent to jail. I don't have any criminal record prior to NY/2004 and was acquitted of the 2 false accusation charges at trial in FL/2008.
There are 1 more issue:
1. I had to start for a position in Saudi Arabia in a few days in 1997 and hired an agent to process my passport. While furnishing my info to him, I mentioned my uncle's 7-year old daughter under "Spouse" - my English was not good then and I assumed it meant the "beneficiary" if anything happened to me (I did not have any other family to make beneficiary - that little girl got married last month). The passport was renewed in 2006 and I mentioned it to Indian Embassy (US) about the error, about my marital status, a child, etc - they informed me to visit India to have it fixed.
Should I look for an American/deshi lawyer to represent me and be with me during the interview. Please advise how I should proceed.
TIA