Trespassing Charges and Citizenship Application

Bankruptcy and Debt 4 views 2 answers
I have been a Lawful Permanent Resident for 5 years now and 4 years ago I was arrested for trespassing on an abandoned property; I was arrested, charged with criminal trespass (Misdemeanor B) and spent 2 days in jail. 6 month later the charges were dismissed. My questions are: 1. Should I even apply for US citizenship hoping that my applications will be approved since the charges were dropped? Will it take longer than usual? Do I need an immigration lawyer to file? 2. My criminal lawyer told me that since the case was dismissed and my record was expunged I can deny being arrested. Should I still mention the arrest on the application? Thank you.

Attorney Answers

2
Maria Glinsmann ·
Your question is a common one. Absolutely disclose the arrest and the charges. Naturalization applicants must disclose all citations, arrests etc. whether traffic, criminal, or civil. The arrest will show up on your FBI rap sheet and you'll have to document that the charges were dismissed. Legally, you are required to document: 1. charge 2. plea 3. verdict 4. sentence (if you were found guilty or pled guilty) You must provide court certified documents (raised or wet seal). Often times, clients with expunged records must work with criminal defense counsel to unseal the record for the purpose of obtaining certified court records. Our firm is accustomed to working with criminal defense counsel to get these records from the courts, police departments and FBI to document a client's eligibility for naturalization. If the charges were dismissed, you should be eligible for naturalization (assuming you are otherwise eligible). Generally, applications with criminal charges (regardless of outcome) take longer, because they require that a USCIS adjudicator with more experience, sign off on the approval... understandably.
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Michael Howard JosephPersonal Injury LawyerWhite Plains, NY ·
You should disclose the arrest otherwise The will think you have lied to them A petty offense which was dismissed will not affect The application as Lin as you are honest. You Will need a certificate of disposition
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