QUESTION
Can I apply for citizenship if I have been arrested before but the charges were dismissed?
Asked on Jan 21st, 2014 on Immigration - New York
More details to this question:
I was once arrested for a list of charges including resisting arrest and hurting an officer. Charges were dismissed. Now I want to apply for citizenship but I am afraid I will get deported instead. My green card was renewed with no problem.
5 ANSWERS
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You need to know if you were convicted of any crime and if yes, when and what. "dismissal" of charges may not mean you were not convicted. Sometimes a court would dismiss a case after a defendant completes the sentence/probation.
Answered on Jan 24th, 2014 at 4:19 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Your arrest is not a conviction and therefore you can apply for citizenship.
Answered on Jan 24th, 2014 at 4:18 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As long as you don't admit to the factual elements of a crime, then only actual convictions or deferred adjudications can be used against you when you apply for citizenship.
Answered on Jan 23rd, 2014 at 10:49 PM
If the charges were dismissed, you may apply.
Answered on Jan 23rd, 2014 at 10:46 PM
You will have to put the arrest info in your naturalization application and you should go get a copy of the arrest and the court record dismissing the charge. Contact an Immigration Attorney for some help with this.
Answered on Jan 23rd, 2014 at 10:46 PM