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Nolle prosequi , how will it affect my Immigration status

Decatur, GA |

I was arrested in 2009 on a 3 count identity thief and 8 count fraud after much debate , i was given a nolle prosequi because the DA could not prove my involvement . I am currently going for my citizenship sometime in June. My question is will i be disqualified for a naturalization ?

Attorney Answers 3


I would suggest you consult with an immigration attorney. They are skilled at working with issues as those you present here and will be best suited to provide you sound legal advise. If you do not have an attorney, your local bar association can probably refer you to a seasoned advocate in your area.

All the very best to you!

NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an attorney must engage in a consultation with a prospective client and review any pertinent documents. This communication does not create an attorney-client relationship with Attorney Amy L. Wells or WELLS LAW OFFICE, INC.

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Immigration can and does qualify theft and fraud crimes of moral terpitude, meaning it does not hold up to community standard of honesty and good morals. The fact that the DA filed a nolle pros does help you however. You should be working with an experienced immigration attorney who will help you navigate through this process. Good luck with everything.

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Thanks Amy and Ismail , I forgot to write i was only given 120 hours of community service which i completed , I met an immigration lawyer and they stated that since i have a certified copy of the Nolle prosequi , its may not be a problem but i just want to be sure , also this accusation happened while i was 6 years in the states ,with my little knowledge , i presume if one is accused with in 5 yrs of his or her stay that will be a problem but i just want to be sure .


Very tricky situation, You need to discuss with an immigration lawyer in your town.

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