QUESTION
Will an arrest affect my application for naturalization?
Asked on Jun 04th, 2016 on Immigration - New Jersey
More details to this question:
I have been a US permanent resident for the last six years. About a week ago, I was arrested by the police and jailed for 24 hours based on my wife's complaint of domestic violence. However, the prosecutor's office did not file any charges as my wife withdrew her complaint. How likely am I to fail the test of "good moral character"? Would it help if I wait for some time before applying?
3 ANSWERS
First you will need to present documents regarding the resolution of the chargers. Second, the officer will be asking you about what happened. You need to consult with an Immigration attorney.
Answered on Jul 07th, 2016 at 5:08 AM
If the criminal complaint was dismissed because your wife withdrew her complaint, it is likely that the event will not stand in the way of naturalization eligibility, but more information is needed in order to fully assess the impact of that conduct and that arrest upon naturalization eligibility. There really is no substitute for having an immigration attorney review the disposition documents relating to the arrest in order to be able to advise about these issues (and note that court-certified copies of all disposition documents will be required to be supplied to the USCIS as part of the naturalization application process).
Answered on Jul 06th, 2016 at 5:05 PM
General Practice Attorney serving Edison, NJ
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Depends on when you applied, or plan to apply, when the incident took place, and the details of the police report; and of course, your general personal history, vocation, etc. . Such matters require full personal interview to address your concerns. Crime of Moral Turpitude is a bit seamless in its application in this type of situations.
Answered on Jul 06th, 2016 at 9:57 AM