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Conditional dismissal and citizenship Naturalization, Citizenship

Discussion in 'Green Card, Residency, Naturalization' started by Immportal08, Apr 2, 2015.

  1. Immportal08

    Immportal08 Law Topic Starter New Member

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    I had a conditional dismissal in nj in July 2014 (original charge petty disorderly persons offense for offensive touching). I am eligible to apply for naturalization in August 2016. Will I have any problems?
     
  2. Betty3

    Betty3 Super Moderator

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    Generally, to be on the safe side, it is best to ask USCIS or an immigration attorney. You can hold & see if you get other replies.
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I probably wouldn't apply until the condition is complete. Until then the charge is not dismissed. Unless there is some good reason for urgency, you're probably best served by completing the sentence so that it doesn't become an immigration issue for USCIS.
     
  4. army judge

    army judge Super Moderator

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    The important factor you're dismissing, is the original charge under which you were arrested or indicted.
    Why?
    Because that's what USCIS will see when they conduct your background check.
    Additionally, the charge to which you copped a plea, is a lesser and included of a sexual battery/molestation charge.
    I suggest you discuss the matter with a couple immigration attorneys in your area.
    Bottom line, the dismissal is the least worrisome thing, in my view.
     
  5. Immportal08

    Immportal08 Law Topic Starter New Member

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    Thank you. Yes, I am only planning to apply next year (July 2016), the condition completes in July this year (2015).
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It is a good point about what can be seen by USCIS. But that won't change. What will change is the ability to say that you have successfully completed your sentence and shows that you are a more worthy candidate. This should be discussed with an immigration attorney who can best advise on the nature of the specific issue and how impacting it may be. As each case is fact specific, it's the only way to go to be sure.
     
  7. Immportal08

    Immportal08 Law Topic Starter New Member

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    Thank you army judge and thelawprofessor! I was debating if it would be better to wait more time or is it ok to apply next year itself. At what point, will this be a non-issue? 5 years after the date of conditional dismissal?
     
    Last edited: Apr 2, 2015
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    There are no guarantees. I've taken a quick look at some keywords which provide some insight as to whether an offensive touching is a crime involving moral turpitude (CIMT.) You may want to review that document. Another document goes into great detail as to what is a crime involving moral turpitude. An immigration attorney who regularly deals with cases like yours can provide you more clarity on the serverity of the crime and whether it might influence USCIS in its decision. I do know that this crime is more borderline than a felony crime such as murder, grand larceny, etc. Your "moral character" is in issue in the naturalization process. You may have other issues as well that, taken as a whole, may be used in the decision making process, which is another reason to get a proper legal consultation with an immigration attorney before making the decision to apply - especially when there are questions such as these.
     
  9. Immportal08

    Immportal08 Law Topic Starter New Member

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    Thank you! Truly appreciate all your guidance!
     
  10. army judge

    army judge Super Moderator

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    Good luck, and remember to stop and think before you act. You sound as if you learned a valuable lesson, so make sure you heed that small voice in your head that always leads you away from trouble and keeps your feet planted on the straight and narrow road of life!
     

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