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Can I apply for citizenship with a dismissed criminal record?
Anonymous5 views3 answers
I got my green card about 14 years ago and I was arrested for possession of controlled substance 10 years ago. I talked to a lawyer and the court reduced it to a misdemeanor in Feb 2006. Then, the case was dismissed in Dec 2006.
Now I want to apply for a citizenship and am concerned if the record will cause any problems. Any advice will be helpful. Thank You.
Hello,
You should be able to apply for citizenship. The record may cause some problems, but the charges were dropped. Just make sure that you accurately disclose all the details. Bring whatever court records you have documenting the situation. The interviewer may ask you questions about the dismissal. Answer truthfully, but just answer the stated question. Don't volunteer additional information. In your case, you may want to retain an attorney to help you prepare the N-400, and give you additional interview advice.
Feel free to email me if you have additional questions or concerns.
Franklin Tzeng, Esq.
Ruslan BocanceaImmigration AttorneyMinneapolis, MN ·
You should get certified copies of the Police Report/Arrest Report and Court Disposition. The interviewing officer will want to see them. And I recommend you consult with an immigration lawyer before you file your N-400.
Ruslan Bocancea
Immigration Attorney
Bocancea Law Firm, PLLC
900 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Telephone: (612) 910-6625
www.bocancea.com
You need to be very careful here. From what you are describing it appears that your conviction was reopened for rehabilitative purposes, not for a constitutional defect. In such a case, the conviction remains valid for immigration purposes even though the criminal court may have ultimately dismissed the charge. Prior to applying for naturalization or traveling outside the United States you should consult with an experienced immigration attorney who can review the specific facts of your case and advise you as to the options available.