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Can I apply for citizenship with dismissed felony and misdemeanor ?!

Chicago, IL |

I've been resident of united states for about 9 years now, and it's about time to become a citizen. i'm a little concern about my criminal background i had five years ago. I plaid guilty to felony and misdemeanor, was a grand theft charges for about $480 that ruined my life for good. Now all the charges dismissed five years ago and i'm scared to apply for citizenship. would i get deported ? please any advice will be greatly appreciated.

Attorney Answers 4


  1. Best answer

    You need to retain an experienced immigration lawyer to review all the facts, including the court dispositions for the two criminal matters before you file anything. Those matter could potentially render you deportable, and that determination cannot be done through Avvo.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  2. Well if you pled to those charges there is a high probability that those criminal cases are convictions for immigration purposes. Those charges may even be deportable offenses as crimes involving moral turpitude committed within five years of admission. I encourage you to have your criminal and immigration records reviewed by an skilled, competent, and experienced immigration attorney.
    Sent on the Sprint® Now Network from my BlackBerry

    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


  3. A dismissal as a general rule, does not matter for immigration purposes. If you were convicted and then got the conviction expunged, it still appears as a conviction. Depending on what exactly you were convicted of, you may be put in immigration proceedings once you apply for your citizenship. This is actually a risk you run everyday you step out the door. If you are ever stopped by immigration, e.g. at a checkpoint or crossing the border, then they will see this on your record and may place you in removal proceedings. However, it may not be a problem at all. In that case, you would need to apply for your citizenship so that you never have to worry about deportation again. It is very important that you have an immigration attorney look at the conviction records asap so you know what you are dealing with. There are attorneys out there that would not charge you to look at your record. Two important pieces of advise: 1) don't travel outside the country until you know if your convictions would end up putting you in immigration proceedings and 2) don't lie on your naturalization application because they will find out and then try to deport you. Good luck.


  4. I agree with Attorney Guerra's comments. You need to obtain all information from the court cases from five years ago especially the record of adjudication. You should then contact an experienced immigration attorney who can examine your immigration and criminal history to provide a legal opinion as to what immigration benefits you qualify for under existing law.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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