Naturalization, Citizenship Citizenship application (misdemenous, no charges, discharged)

[Ben007]

Hi,

I am about to file my application for citizenship but have a concern.

I was arrested 6 months ago for a "Misdemeanor". No charges were filed by the DA and I got a "No Complaint" notice on my court date.
Essentially my case was discharged since the DA did not file any charges. That is the only time I got involved with the police, rest my record
is clean.

The "Statute of Limitation" has not run yet.

Can someone please advise what to do at this time? should I wait for the statute of limitation to be over before proceeding?
Has anyone been in this situation? will this cause any issues during the interview?

 

[mightymoose]

You should not have any problem if you continue now.

Understand that if you are ever asked if you were arrested you should answer yes. If you are asked if you have been convicted of any crimes you can answer no.

 

[Ben007]

You should not have any problem if you continue now.

Understand that if you are ever asked if you were arrested you should answer yes. If you are asked if you have been convicted of any crimes you can answer no.

Like I said the "Statute of Limitations" has not run yet and the case has not officially been dismissed yet. Even though I have not been charged of anything. Do you think I should just wait for the 1 year to get over or at least till the time they actually dismiss the charges etc. (this might happen before the 1 year as well).
I dont want to give the USCIS dude any reason to further delay the process. They might say you have a pending case?

 

[mightymoose]

Apparently you do not have a pending case. No charges have been filed.
Your choice as to when to file papers. There is no disadvantage to filing them now.

 

[Ben007]

Apparently you do not have a pending case. No charges have been filed.
Your choice as to when to file papers. There is no disadvantage to filing them now.

Thanks I understand - but the "Statute of Limitation" has not run out yet. Will this be an issue? the discharge letter that the court gave me from DA says that the charges are not dismissed yet. Very specifically.

I understand that at this time they have no evidence that's why no charges were brought at the first place but will this fact have any implication in the eyes of the USCIS? doesn't this fall under pending case?

 

[army judge]

Thanks I understand - but the "Statute of Limitation" has not run out yet. Will this be an issue? the discharge letter that the court gave me from DA says that the charges are not dismissed yet. Very specifically.

I understand that at this time they have no evidence that's why no charges were brought at the first place but will this fact have any implication in the eyes of the USCIS? doesn't this fall under pending case?

I suggest you discuss your specifics with an immigration attorney.

That's the only way for you to get an answer detailed for you.


Sent from my iPad3 using Tapatalk HD

 

[mightymoose]

Per the scenario you describe you do not have criminal charges pending.
What you have is an open window during which time charges may be filed.
Considering that it was a misdemeanor and it has already been 6 months, it is very unlikely any action will be taken. It is very unlikely anyone is still investigating.
The SOL has not run out, but you do not have to wait for it to expire.

Understand that though there is no criminal record, there is a record of the arrest itself. Make sure you disclose information correctly based on how questions are phrased- you were arrested, not convicted, no charges filed.

 

[Ben007]

Thanks everyone. I will connect with an immigration lawyer to double confirm as well as to what the experiences have been.

 

[guestpost]

I had an arrest for petit theft 23 years ago but was not convicted. Did 100 hours of community work. I have had no criminal record since this incident. I have sealed and expunged my record. Does this prevent me from aquiring citizenship?