N400 2 arrests in 2013 . 1 case was dismissed and the other was probation for6 months

[lape 0]

Hello all,

I am planning on filing for N400 soon and want your take . I will be filing at Phoenix AZ.
I had 2 issues with the law in 2013. One was dismissed and the other was a theft charge and i was given deferred adjudication.

I have all the paper work with me and provided it for the immigration office when I applied for permanent resident in 2018. 

Will the arrest still be an issue when I apply for us citizenship.?

 

 

[aaron2020 11,651]

When you apply for citizenship, USCIS can look at and review everything even if the charges were dropped.  

You may want an experienced attorney to look at your arrests and determine whether they will prevent you from being granted US citizenship before you try to apply.  

[RasDig 13]

23 minutes ago, lape said:

Hello all,

I am planning on filing for N400 soon and want your take . I will be filing at Phoenix AZ.
I had 2 issues with the law in 2013. One was dismissed and the other was a theft charge and i was given deferred adjudication.

I have all the paper work with me and provided it for the immigration office when I applied for permanent resident in 2018. 

Will the arrest still be an issue when I apply for us citizenship.?

 

 

There will be no issue as long as you disclose it again and are truthful about it on the n400 application. I have a friend who went through a similar situation. Had 2 DUI arrests one ended with probation and the other DUI was dismissed, both occurring before he applied for his Green Card. He disclosed this on his I-485 and got his Green Card a couple years ago. He also disclosed it on his n400 and got his citizenship January 2020. You’re fine just be honest about it 😀

[Crazy Cat 42,100]

30 minutes ago, RasDig said:

There will be no issue as long as you disclose it again and are truthful about it on the n400 application.

Theft won't be an issue?  I wouldn't be so sure about that.....that sounds like a CIMT.  Probation means the OP was convicted.

Edited April 2, 2021 by Lucky Cat

[RasDig 13]

19 minutes ago, Lucky Cat said:

Theft won't be an issue?  I wouldn't be so sure about that.....that sounds like a CIMT.  Probation means the OP was convicted.

You are looking at it from the type of offense and that’s not what I am saying. What I am saying is the same offenses were disclosed when applying for the Green Card and was approved. The offense is no different when you applied for Green Card (I-485) and when you applying for Naturalization (n400) as long as you disclose it and provide all the documents to show final case disposition (convicted with probation, dismissed, etc)

[RasDig 13]

Let me give you my friend’s timeline so it provides some context

 

Friend gets DUI 1 in 2011 - Case results in conviction with fine, license suspension and 6 months probation

 
Same friend gets DUI again in 2013 - case dismissed and thrown out

 

Jan 2014 Friend applies I-130/I-485 marriage based Green Card, discloses his arrest and criminal history and approved in August 2014

August 2019 Friend applies for naturalization n400 and discloses his arrest and criminal history

 

January 2020 Friend n400 Approved with oath. His USCIS journey done!!! 😀

 

 

 

 

[lape 0]

Thank you all for your responses. I definitely plan of admitting on my application.