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Applying for Citizenship with 4 arrests on record, all dismissed

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.

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?

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Attorney answers 10

Posted

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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Posted

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

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, Suite 707 San Francisco, CA 94104

Posted

I concur

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

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.

Posted

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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

Posted

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.

Posted

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.

Posted

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

Posted

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 on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.