Applying for Citizenship with 4 arrests on record, all dismissed

Asked over 1 year ago - Englewood, NJ

I have been arrest 4 times. One for assault, dismissed. Second was simple assault, dismissed.
Third time assault, dismissed and the fourth for assault, kidnapping, sexual assault, also dismissed.
Yes i know this looks really bad, however, in all cases I proved my innocence. I repeat, all cases were dismissed. What obstacles will I face? Will I face deportation if I apply? Would I have a problem re-entering the country if i visit another country?

I thank you all in advance.

Additional information

Would I be able to travel outside the country with proper documentation stating that the cases have been dismissed?

Should I wait 5 years from the last dismissal to file for citizenship?

Attorney answers (10)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . Dismissed charges are not convictions. Still, before you do anything else, I urge you to schedule a consultation meeting with a competent immigration attorney in your area, in order to have that attorney examine your entire record and recommend a further plan of action.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Frank Mascagni III

    Contributor Level 20

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    Answered . You need to consult with an Immigration lawyer in your area to gather your criminal records and review. You also need to consult with a criminal defense attorney to see if you have an expungement statute you can use to seal these records. I have edited your practice area to IMMIGRATION so more avvo lawyers might respond.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  3. Alexander Joseph Segal

    Contributor Level 20

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    Answered . I concur

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. Samuel Patrick Ouya Maina

    Contributor Level 19

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    Answered . If the cases were all dismissed they should not be held against you, since they are not convictions. You may want to bring all of the court paperwork to an attorney to review and confirm that the cases were resolved in the fashion you believe.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  5. Bradley Lawrence Whitney Thomson

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    Answered . Order an FBI rap sheet to prove that all these cases were dismissed. If you are a permanent resident, i'd recommend consulting with an attorney before filing the naturalization application to make sure you meet the good moral character requirement. However, you should get approved to be a citizen with the circumstances listed above.

  6. Kevin Lawrence Dixler

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    Answered . The USCIS has a right to ask about the arrests. If you admit to any of the offenses under oath, then you may have to wait from three to five years after the admitted offense to file for naturalization, again. If you are concerned or confused, then schedule an appointment with a competent and experienced immigration attorney. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  7. Eric M. Mark

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    Answered . No, you would not be deported or even denied if all charges are dismissed. However, you do have to provide certified dispositions and your character, which is a requirement for citizenship, will get an intense review. Consult an immigration lawyer for assistance.

  8. Alena Shautsova

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    Answered . If the charges were dismissed, you should be ok. However, an immigration attorney has to look at your records and make sure that you did not admit "on the record" as to committing any crime.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  9. Yolanda Navarrete

    Contributor Level 20

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    Answered . I agree that you should be ok, but I would want to review the certified dispositions as well as the police reports. Gather your documents and consult with an immigration attorney, whether myself or someone else.

    973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely... more
  10. Mark M Cheser

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need to speak to an experienced immigration attorney. Try Harlan York profiled on AVVO.

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