QUESTION
Should I include the former charges or just the disorderly conduct on my application?
Asked on Jan 18th, 2017 on Immigration - Georgia
More details to this question:
I'm applying for my N-400 and was charged with resisting arrest, indecent exposure and assault and battery on a police officer. These charges came about on the day of the arrest and because my attorney wasn't so confident about fighting the assault case. He recommended pleading guilty to a lesser charge of disorderly conduct and 6 months unsupervised probation. Will this affect my application, given the fact that it happened last year and I've been a member of a church organization and have taken part in community services? Given the fact that I've never had any other criminal record, will this be an issue?
2 ANSWERS
You know they have the info on your chargers, right. That is why you pass fingerprints. You have to state correct chargers and correct disposition.
Answered on Mar 19th, 2017 at 10:15 AM
An applicant for naturalization must reveal all criminal charges, arrests, etc. regardless of whether some charges or counts were dismissed (and the USCIS will have a list of those anyway, revealed through its security background search). Beyond that, the USCIS will require a court-certified copy of a full set of "disposition documents" relating to your arrest last year. There are circumstances where the USCIS can treat a misdemeanor as a felony and can treat a dismissal as a conviction, and USCIS adjudicating officers have a large level of discretion in addressing whether an applicant lacks good moral character regardless of whether some criminal charges may have been dismissed. It would be unwise to apply for naturalization without first obtaining the required court-certified copy of disposition documents and engaging an immigration attorney to address those documents and these issues.
Answered on Mar 17th, 2017 at 7:21 AM