Criminal record and Citizenship

[discoverusa 267]

My friend is thinking about applying for Citizenship. Currently a resident of CT, LPR since 2005.

Connecticut related arrest:

He was arrested in 2011 for assault 3rd degree (53a-61) and disorderly conduct (53a-182). Case result: disposition without trail (dismissal after family violence program).

No trouble with the law since. He is gainfully employed and paying taxes, contributing member of society. Also, we have communication from Superior Court Record Center stating the court record was permanently destroyed pursuant to the Connecticut Practice Book Section 7-13. We are in possession of destruction letter (letter describes details mentioned above, dismissal).

Please advise if he is eligible for Citizenship. Please no judgment or fear mongering. Concrete answers will be appreciated. I am aware he may need an attorney, but trying to avoid if possible (covid19 related furlough).

Thank you.

[Mounat02 63]

They can certainly apply and provide all details as described. It looks as though the person is eligible to naturalize since the incident in question is outside 5 years and they are in possession of a letter showing positive disposition.

 

Good luck.

[Boiler 45,499]

Sounds like a DV situation, definitely seek legal guidance. Asking a friend to ask on a board is not the way to go.

[Villanelle 4,122]

Just FYI- On VJ you can not ask people not to post or require only certain answers be given. Its an open forum so anyone can post anything they want as long as they follow the TOS. But the mods are very good at modding! And I will say the users here are all very good people. Obviously theres a few bad apples but its very unlikely for you to be harassed on here. Also you will get the best responses by being 100% honest. No one should feel the need to disguise their posts as 'asking for a friend'. And if something is truly being asked for a friend  (which is most likely the case here) then it is recommended for the friend to post and ask because they are the only one with all the details. Otherwise its like playing a game of phone tag. 

 

Anyway- even though the incident is listed as 'dismissed' and sealed/erased whatever it is they call it- it still needs to be disclosed. Based on the dates not only is it  <5 yrs since it happened, it also occurred <5yrs after LPR status was obtained. So it should not be any issue. IMO an attny is not really needed at this point. One can be consulted and should be consulted so they can look at the specific charges and court paperwork to ensure its all good but once that happens there is no need to use one to actually file the papers. Especially if you dont have extra money laying around. You may even qualify for a fee waiver for the n400. Also if an issue comes up you can then hire an attny but I dont see any issues based on what has been posted.

 

I also want to add for something like this USCIS takes a more favorable view when the applicant is straightforward about what happened and accepts responsibility for it and can show proof of changed/current good moral character- rather then claiming it was an improper arrest or charge  or wasnt their fault.

 

 

 

[discoverusa 267]

5 minutes ago, Villanelle said:

Just FYI- On VJ you can not ask people not to post or require only certain answers be given. Its an open forum so anyone can post anything they want as long as they follow the TOS. But the mods are very good at modding! And I will say the users here are all very good people. Obviously theres a few bad apples but its very unlikely for you to be harassed on here. Also you will get the best responses by being 100% honest. No one should feel the need to disguise their posts as 'asking for a friend'. And if something is truly being asked for a friend  (which is most likely the case here) then it is recommended for the friend to post and ask because they are the only one with all the details. Otherwise its like playing a game of phone tag. 

 

Anyway- even though the incident is listed as 'dismissed' and sealed/erased whatever it is they call it- it still needs to be disclosed. Based on the dates not only is it  <5 yrs since it happened, it also occurred <5yrs after LPR status was obtained. So it should not be any issue. IMO an attny is not really needed at this point. One can be consulted and should be consulted so they can look at the specific charges and court paperwork to ensure its all good but once that happens there is no need to use one to actually file the papers. Especially if you dont have extra money laying around. You may even qualify for a fee waiver for the n400. Also if an issue comes up you can then hire an attny but I dont see any issues based on what has been posted.

 

I also want to add for something like this USCIS takes a more favorable view when the applicant is straightforward about what happened and accepts responsibility for it and can show proof of changed/current good moral character- rather then claiming it was an improper arrest or charge  or wasnt their fault.

 

 

 

Thank your for your detailed response. It is in fact for a friend as I already obtained my Citizenship. I am helping him since he never went to school here and his English is limited (well over 55 and LPR for 15 years). I am leaning towards consultation with attorney just in case. 

 

I appreciate all responses, but from my experience some of the members can get a little critical especially when criminal record is involved. Life is not white and black, nobody is perfect. 

 

Thank you.

[kkalan2 17]

14 hours ago, discoverusa said:

My friend is thinking about applying for Citizenship. Currently a resident of CT, LPR since 2005.

Connecticut related arrest:

He was arrested in 2011 for assault 3rd degree (53a-61) and disorderly conduct (53a-182). Case result: disposition without trail (dismissal after family violence program).

No trouble with the law since. He is gainfully employed and paying taxes, contributing member of society. Also, we have communication from Superior Court Record Center stating the court record was permanently destroyed pursuant to the Connecticut Practice Book Section 7-13. We are in possession of destruction letter (letter describes details mentioned above, dismissal).

Please advise if he is eligible for Citizenship. Please no judgment or fear mongering. Concrete answers will be appreciated. I am aware he may need an attorney, but trying to avoid if possible (covid19 related furlough).

Thank you.

I had CIMT back in 2003 before come LPR on 2013 after waiver approved, however in your situation i would visit a attorney just to be on safe side since incident occur after becoming LPR. I dont see any issues but its matter of life and death.