QUESTION

Can I file for citizenship with an open case?

Asked on Mar 19th, 2017 on Immigration - Georgia
More details to this question:
I have open case. It's been two years. The state still can come up with nothing.
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
I assume that the "open case" you mentioned refers to state criminal litigation. If that is true, then while you may be eligible to file an application to become a naturalized U.S. citizen, you may expect the USCIS not to approve your application unless and until you are able to supply court-certified documentation showing that the criminal case has been satisfactorily concluded. The intersection of criminal law and immigration law is among the most complex of immigration-related legal matters. In some instances the USCIS will treat a case terminated with pretrial diversion or a similar conclusion the same as if it had been a conviction (i.e. in instances where an admission of the operative facts is a part of the process), and in some instances the USCIS will treat a misdemeanor conviction as a felony conviction. It may be wise for you to coordinate criminal case legal advice from a criminal defense attorney and immigration legal advice from an immigration lawyer in order to facilitate swift conclusion of the open case and in order to maintain eligibility for naturalization.
Answered on Jun 13th, 2017 at 6:05 AM

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