GeekSquad

Prior to obtaining my Green Card (approved in Dec 07) I was working in the US on a L1 visa. One night (Sept 07) my ex-wife and I got into a fight and I accidentally broke a door in the house. The Cops were called, I was arrested and charged with a Criminal Mischief Misdemeanor class III - DV. The case was later dismissed. Even if convicted it would have fallen into 'Petty Offense' category as the damage was less than $100.

I received my Green Card some two months later and have successfully re-entered the US 3 times since then.

Once the appropriate period of time has passed I would like to apply for citizenship. Are there any opinions as to whether this will cause an issue when either renewing my GC or applying for citizenship?

Ray

Ask again in 5 years time ....

meauxna

now, while it is all fresh, get copies of ALL the paperwork related to this, particularly its conclusion, and keep it handy.
Much easier to do now than when you will need it.

Folinskyinla

Hi:

Obtain CERTIFIED copies of the court disposition -- a docket sheet is a good idea. If rather than a "dismissal" -- get a letter from the Prosecutor's office for the jurisdiction saying they have no record of a criminal case or they rejected the case and did not file it.

Keep the original letter for your naturalization examination.

Two weeks back I had a client who was arrested when she refused to sign a ticket for a burnt out tail light. [She has Asberger's syndrome]. She was arrested and fingerprinted for "obstruction of justice." The City Attorney's letter of non-prosecution turned the trick. She will be sworn in on October 9th.

GeekSquad

Hi, I have court certified copies of all the documentation relating to it; it does note "Case Dismissed". Sorry to dumb things down, can I simply contact the DA office for a letter of non-prosecution. The case was dismissed on the day of the trial. If I can list, via this forum, the certified copies that I have would anyone be able to give an opinion as to whether this should suffice?

Thank you

Folinskyinla

Hi:

I just looked at my post. You have chosen not to read it carefully.

I am a lawyer, but not YOUR lawyer.

GeekSquad

Thank you, I understand that you are not my lawyer. I did read your post carefully, perhaps not fully understanding it. Can you clarify?

Tracym

I re-read his post - I believe what he said was that you only need the letter of non-prosecution if the case says something BESIDES dismissed.

i.e. Either they decided not to prosecute it, or the did and it was dismissed. Yours appears to be the latter.

Therefore, I would think that the certified documents are all you would require.

Of course, I'm no lawyer at all - if I interpreted that incorrectly, I hope someone will correct me.

JCraigFong

First, I ditto everyone who has said, "get a docket sheet," and/or "get a letter of non-prosecution."

Second, let me address myself to your question. (a) What "appropriate period of time" are we talking about? There is the statutory period of 5 years or 3 years of actual residency; however, with respect to your criminal record, if this arrest was your ONLY arrest, and it was dismissed, then I see no impediment to your applying for naturalization as soon as you are able to do so by law. (b) Again, if this was your ONLY arrest, and if it was dismissed, then I see no problem with an card renewal or a naturalization. Naturally, you should expect to get questioned about it at the interview, but as long as you have the paperwork that shows that the matter was dismissed, you should be OK.

Unless there are other facts, other arrests, or other land mines in your case that you have not described to us.

--J Craig Fong
Los Angeles, CA

GeekSquad

Thank you for the information. I do have the certified docket sheet from the court. I have also contacted the DA's office and inquired as to whether I can obtain a letter of non-prosecution. It was dismissed by the DA before we got in front of the judge.

I understand that I am way ahead of where I need to be in terms of time as I am not eligible to apply for naturalization for another 4 years. However, it has been weighing on my mind.

This has been my only arrest - ever. Nothing prior and nothing since.

Thanks again.

Folinskyinla

Hi:

J and I are saying pretty much the same thing. It is not that your case never got to the judge, the salient fact in your case was that it did have a court filing which was then dismissed. That is all you need. But be prepared to discuss it at the time of the naturalization interview.

In the case I mentioned in my first post, nothing was ever filed with the court -- so there was nothing at all that needed to be dismissed.

GeekSquad

Thanks to all that have replied.