My uncle

[Jiji1981 0]

My uncle was charged with a felony which was dropped and nolle prossed. Will he have any issues at his naturalization interview?

 

 

My uncle was arrested and charged with organized scheme to defraud in the state of Florida. He went through pretrial intervention program and did not have to admit guilt after which the charges were dropped and the case was dismissed. He has his nolle prosse letter and is going for his naturalization interview next month. This issue happened during the first five years he had his green card and he just concluded that statutory period. Could he possibly be referred to Immigration Court at his naturalization interview? If not, how long does he have to wait before reapplying for citizenship if he's denied?

Any success stories??

 

[Hypnos 6,578]

Provided he has documentation indicating the charges were dropped then he should be ok.

 

That's something I'd ask an experienced immigration attorney about, however, just to be on the safe side.

Edited July 25, 2017 by Hypnos

[Jiji1981 0]

Here is the thing, he hired a lawyer that she said the worst case senario he will be denied, just yesterday he went to see another lawyer to just get a second opinions, guess what he asked him to withdraw the case  because if he is denied he had to wait for 5 more years to reapply again do you know by chance any other stories or successful stories that people get their citizenship after the charge was dropped Within the three statutory period..

 

Thank you

[Going through 5,671]

13 minutes ago, Jiji1981 said:

Here is the thing, he hired a lawyer that she said the worst case senario he will be denied, just yesterday he went to see another lawyer to just get a second opinions, guess what he asked him to withdraw the case  because if he is denied he had to wait for 5 more years to reapply again do you know by chance any other stories or successful stories that people get their citizenship after the charge was dropped Within the three statutory period..

 

Thank you

 Since he is filing for naturalization based on the 5-year period (he can't file it based on the 3-year period regardless of how he got his first GC, because of how long he has been a LPR), the Good Moral Character statutory period is 5 years.  Being charged with a felony is more serious than being charged with a misdemeanor, and fraud is also counted as CIMT (Crime of Immoral Turpitude).

 

Even when cases are dismissed, charges dropped upon conditions, nolle prosse, etc. for the purposes of immigration law, it doesn't really matter to them because in USCIS's eyes even going through pre-trial intervention is a form of conviction to them.  He needs to make sure all of his court papers are in order---the arrest record, the court-certified disposition and/or transcripts, proof of completing any sort of diversion/alternative sentencing/fine paid.  

 

Personally I agree with the second lawyer based on the type of crime he committed, and it falling within the statutory period.

Edited July 25, 2017 by Going through

[Going through 5,671]

All he can do is keep his interview appointment, and show all the documentation he can regarding his arrest.  

[Jiji1981 0]

Thank you for your answers guys

 

Beeing married to a  us citizen wont  benefit for him

 

Thank you

[Jiji1981 0]

Any succesful stories about people who got their citizenship after they got arrested and charged with a felony then the charges were dropped.

[Going through 5,671]

On 7/25/2017 at 0:12 AM, Jiji1981 said:

Thank you for your answers guys

 

Beeing married to a  us citizen wont  benefit for him

 

Thank you

Since he is must file under the 5-year rule, his marriage becomes irrelevant as the basis for his application, and will not be something the IO will focus on so no it will not "benefit" him either way.  Thousands of people applying for Naturalization have had US Citizen spouses, so there's no special "benefit" of being married that will work in his favor when it comes to his criminal record.

 

[Going through 5,671]

38 minutes ago, Jiji1981 said:

Any succesful stories about people who got their citizenship after they got arrested and charged with a felony then the charges were dropped.

I'm sure there are some out there.  Those with  misdemeanors get approved more often than those with felonies, but yes it is possible to be approved with a felony in the past.

Approval with a criminal past would depend on the charge, disposition/sentencing, how long ago it happened compared to when the person filed the application, whether it happened in the US or their home country, whether the crime occurred during the statutory period or not, whether they have presented sufficient evidence, whether it was their first and only crime, etc.

 

The main two things seem to be whether it's their first offense or not....and how long ago it happened.

If he is not going to follow the advice of the two lawyers he consulted, perhaps it would be best if he at least had one of them present during his interview.

 

Does he have all the court documents?

Edited July 26, 2017 by Going through

[Jiji1981 0]

56 minutes ago, Going through said:

I'm sure there are some out there.  Those with  misdemeanors get approved more often than those with felonies, but yes it is possible to be approved with a felony in the past.

Approval with a criminal past would depend on the charge, disposition/sentencing, how long ago it happened compared to when the person filed the application, whether it happened in the US or their home country, whether the crime occurred during the statutory period or not, whether they have presented sufficient evidence, whether it was their first and only crime, etc.

 

The main two things seem to be whether it's their first offense or not....and how long ago it happened.

If he is not going to follow the advice of the two lawyers he consulted, perhaps it would be best if he at least had one of them present during his interview.

 

Does he have all the court documents?

Yes he has all his documents , arrest report, disposition, pti , everything.

The crime happend within the 3 years statutory period. This is what make everything difficult, he consulted with a lot of lawyers and he will bring one with him..but is it worth it to go with an expansive lawyer? 

1 hour ago, Going through said:

I'm sure there are some out there.  Those with  misdemeanors get approved more often than those with felonies, but yes it is possible to be approved with a felony in the past.

Approval with a criminal past would depend on the charge, disposition/sentencing, how long ago it happened compared to when the person filed the application, whether it happened in the US or their home country, whether the crime occurred during the statutory period or not, whether they have presented sufficient evidence, whether it was their first and only crime, etc.

 

The main two things seem to be whether it's their first offense or not....and how long ago it happened.

If he is not going to follow the advice of the two lawyers he consulted, perhaps it would be best if he at least had one of them present during his interview.

 

Does he have all the court documents?

Thank you so much.

God bless you

[Going through 5,671]

19 minutes ago, Jiji1981 said:

Yes he has all his documents , arrest report, disposition, pti , everything.

The crime happend within the 3 years statutory period. This is what make everything difficult, he consulted with a lot of lawyers and he will bring one with him..but is it worth it to go with an expansive lawyer? 

It will make things more difficult, yes, but not neccessarily impossible---go with that attitude  

 

A lawyer would at least give him peace of mind, if he's nervous.   He doesn't HAVE to go with a lawyer, no.  It's good that he's walking in prepared with the documents.

 

And if he does get denied, it's not like he will never be able to apply again.

Edited July 26, 2017 by Going through

[Jiji1981 0]

10 minutes ago, Going through said:

It will make things more difficult, yes, but not neccessarily impossible---go with that attitude  

 

A lawyer would at least give him peace of mind, if he's nervous.   He doesn't HAVE to go with a lawyer, no.  It's good that he's walking in prepared with the documents.

 

And if he does get denied, it's not like he will never be able to apply again.

Yes, the sad part is his two criminal lawyers made a mess of everything and now he had to pay for something he didn't even do it..because the reality is something and what in the police report is something else..thank you sir for your time.

[Going through 5,671]

5 minutes ago, Jiji1981 said:

Yes, the sad part is his two criminal lawyers made a mess of everything and now he had to pay for something he didn't even do it..because the reality is something and what in the police report is something else..thank you sir for your time.

At the interview he will have the opportunity to tell his story of the events.  Best of luck to him.

 

p.s. I'm a female