QUESTION

Can I apply for my citizenship or do I have to wait 5 years after the case was dismissed?

Asked on Jul 29th, 2015 on Immigration - Texas
More details to this question:
I was arrested at age 20 because a girl accused me of rape. Long story short, at age 24, case was dismissed. It has been 2 years already.
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3 ANSWERS

Immigration Law Attorney serving Atlanta, GA
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A charge of a criminal offense, dismissed without a conviction, may not be problematic. Depending upon all of the details of the court's disposition ending in dismissal, the arrest for the offense of rape may not stand in the way of eligibility to apply to become a naturalized citizen. There really is no substitute for engaging an immigration attorney and allowing him/her to review court-certified copies of all of the records relating to the criminal case - that would include the police report, the charging document (indictment, accusation or similar document, your plea in court, the court's decision and all papers regarding compliance with anything the court may have required prior to its dismissal of the case. Among other things, the attorney will be able to confirm that not only was there no conviction, but there also was not acknowledgement of the elements of the crime that the USCIS may treat the same as a conviction. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Aug 04th, 2015 at 4:42 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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If you were not convicted of any crime, then you can apply.
Answered on Aug 04th, 2015 at 11:59 AM

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Business Immigration Attorney serving Houston, TX at Quan Law Group, PLLC
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The rule is that you should not have any issues, such as arrests or convictions, during the five year period preceding the date of your naturalization application. If you do have such problems, it could result in a finding that you lack the requisite good moral character to become a U.S. citizen. You should have an attorney review your criminal records before you decide to file, but the fact that it was dismissed should work in your favor.
Answered on Aug 04th, 2015 at 10:41 AM

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