QUESTION

Is it likely to apply for citizenship and get denied because I got arrested for petite larceny but I plead guilty to disorderly conduct?

Asked on Aug 18th, 2013 on Immigration - New York
More details to this question:
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3 ANSWERS

Immigration Law Attorney serving Chicago, IL
3 Awards
It's possible that USCIS can find a lack of good moral character based upon an admission during a naturalization examination. You should seriously consider meeting with a competent immigration and naturalization attorney before you file or immediately after a denial to make sure that a mistake was not made. The USCIS can make mistakes, when it denies even though a conviction is not for a crime involving moral turpitude.
Answered on Aug 28th, 2013 at 2:33 PM

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Yes, it is very possible that your petition could be denied. It may be possible to sucessfully apply but you will have to explain in detail and provide your court records. You should bring your court records to an Immigration Attorney who can review them for best option and help you with the legal paper work.
Answered on Aug 28th, 2013 at 2:33 PM

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Adebola O. Asekun
The answer to your question will depend on what happens at your naturalization interview. The fact of your arrest will be known to CIS since you have to submit your fingerprints to FBI, which will show a "hit" that you were arrested. CIS will then ask you to give them a certificate of disposition of your arrest from the criminal court. This is where things get tricky because, while the certificate of disposition will show you that you pled to a disorderly conduct, the certificate will also indicate the arraignment charge (the crimes(s) the police officer charged you with).Although, CIS will not deny your citizenship application for disorderly conduct, since it is not a crime but only a violation.But the CIS can still ask you under oath to tell him about the incident on the day of your arrest,Because, you are under oath, you must truthfully explain what happened on that day. If your answer shows that you committed a crime of moral turpitude, the office may deny your case and your own statement under oath is sufficient even if you were convicted of disorderly conduct only.
Answered on Aug 28th, 2013 at 2:32 PM

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