Applying for citizenship with a dismissed charge

[Mbjx3 2]

Hello good people, I have a few questions, please share your experiences thoughts and advice..thanks a lot in advance!

 

My green card expires end of Nov 2023.I'd like to apply for citizenship before then.In 2018 I was charged with forgery of public records ( signed my ex's name on vehicle title), charges were dismissed.

I plan on getting court disposition on the case and including everything with my application as detailed and transparent as possible.

 

Do you guys think I have a bigger chance of a approval if I wait until beggining of 2023 to submit N400, since it would be 5 years after my arrest and case? I know it will be looked at then as well just more time would have passed after it all happened.Or does it even matter?

Do I absolutely need to hire an immigration attorney or can I do it myself and still have a good outcome?

Any other suggestions and tips are welcomed!

 

Thanks again!

 

 

 

 

[JeanneAdil 6,498]

when u apply is not the issue

3 or 5 years even 20 years from now 

that will appear on criminal report   /  my 20 year old speeding ticket was on mine when i had to get one to marry 

time is not the issue /  forgery is  

you might be able to have this expunged if your wife agrees

 

An expungement ordinarily means that an arrest or convictions "sealed," or erased from a person's criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted.

[Mbjx3 2]

I don't think getting it expunged would matter,they will still be able to see it,and I am required to include it on the application as stated in it.

Edited July 12, 2021 by Mbjx3

[JeanneAdil 6,498]

55 minutes ago, Mbjx3 said:

I don't think getting it expunged would matter,they will still be able to see it,and I am required to include it on the application as stated in it.

you get it expunged first ,  then apply 

then it is hid  and does not have to be disclosed 

just a thought / otherwise get all the documents and submit them

 

read up about this in your state 

 

https://www.illinoiscourts.gov/Resources/76128fbe-2606-4e9a-89da-0e0ab03c82b6/ExpungementSealing_Instructions_Approved.pdf

 

see what Illinois says

[Mike E 11,739]

1 hour ago, Mbjx3 said:

I don't think getting it expunged would matter,they will still be able to see it,and I am required to include it on the application as stated in it.

Correct. Expungements are hidden from some private entities and that is about it.  i disagree with the  advice to not disclose the charge on your N-400.  
 

And yes, 5 years of clean record does matter.  
 

Any time you’ve had a criminal charge, my advice is to seek the advice of an experienced specialist in immigration law before filing N-400 or I-90.  Sometimes filing either makes DHS aware of a criminal record and then DHS might open an investigation 

 

Edited July 12, 2021 by Mike E

[JeanneAdil 6,498]

2 minutes ago, Mike E said:

Correct. Expungements are hidden from some private entities and that is about it.  i disagree with the  advice to not disclose the charge on your N-400.  
 

And yes, 5 years of clean record does matter.  
 

Any time you’ve had a criminal charge, my advice is to seek the advice of an experienced specialist in immigration law before filing N-400 or I-90.  Sometimes filing either makes DHS aware of a criminal record and then DHS might open an investigation 

 

good advice to see a lawyer on this one

[Mbjx3 2]

@Mike E thanks for the advice!

[carmel34 3,626]

You should be fine if you disclose everything (they appreciate complete honesty) and include all the documentation about the arrest and dismissal on the N-400.  Sounds like a "petty offense" based on USCIS guidelines regarding good moral character and crimes involving moral turpitude (see link below for more detailed information).  I agree with you that waiting until 5 years since the arrest have passed before filing the N-400 would be a good idea, as the guidelines refer to the number of questionable acts committed within the statutory period.  Good luck!

 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5

Edited July 12, 2021 by carmel34

[Mbjx3 2]

@carmel34 thank you!! 

As much as I want to go for it now,I will wait a bit longer just to be on the safe side! 

[SalishSea 17,827]

12 hours ago, carmel34 said:

Sounds like a "petty offense" based on USCIS guidelines regarding good moral character and crimes involving moral turpitude

Forgery is a petty offense?

[retheem 564]

You'll be fine. Just disclose the arrest and show dismissed record

[Adujarric 67]

I just finished my process with 7 arrest. 5 were dismissed 2 i pled guilty.

[Mbjx3 2]

On 8/25/2021 at 9:00 PM, Adujarric said:

I just finished my process with 7 arrest. 5 were dismissed 2 i pled guilty.

Did you hire an immigration attorney ?

Also how long has it been since your charges?

[Adujarric 67]

1 hour ago, Mbjx3 said:

Did you hire an immigration attorney ?

Also how long has it been since your charges?

I did but only to look at my charges & fill out & submit my application. He didnt accompAny me to the interview.

[Adujarric 67]

On 7/12/2021 at 10:54 AM, JeanneAdil said:

you get it expunged first ,  then apply 

then it is hid  and does not have to be disclosed 

just a thought / otherwise get all the documents and submit them

 

read up about this in your state 

 

https://www.illinoiscourts.gov/Resources/76128fbe-2606-4e9a-89da-0e0ab03c82b6/ExpungementSealing_Instructions_Approved.pdf

 

see what Illinois says

Its not hidding from Federal background checks & also for USCIS even of you had an expongement you will have to show proof of the result of those cases so its super important that even if you clean your record you keep all certified dispositions because if you dont have it USCIS will make the process a nightmare.