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Immigration Issues/Misdemeanor and Citizenship N-400 Form


I was charged with Misdemeanor and was on Probation for three years. I didn't go to Jail. My probation ended in March, 2007. I came to USA in 1998 and I want to apply for Citizenship. In the N-400 form it asks the following questions:

1. Have you ever committed a crime or offense for which you were not arrested?
2. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
3. Have you ever been charged with committing any crime or offense?
4. Have you ever been convicted of a crime or offense?
5. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld abjudication, deferred adjudication)?
6. Have you ever received a suspended sentence, been placed on probation or been paroled?
7. Have you ever been in jail or prison?

In the above questions, can I just answer yes to No. 6 and specify that I was on Probation for three years from Mar 2004 till Mar 2007? Also, how much does this affect in my getting the citizenship? Please help me with this problem. Thank you very much.

ANSWER: You are not eligible for citizenship until 5 years after your probation ended. When you answer the questions at that time you must admit any arrest, charge, conviction and the probation.



---------- FOLLOW-UP ----------

QUESTION: Thank you very much Mr. Robert for your reply. Could you please tell me if there is any documentation online that shows this (about 5 years after probation) or where I would be able to get this information? Once again thank you. I will eagerly await for your reply.

Check with the Court where the case took place for the disposition and then when they do your fingerprint check they can see if they were any arrests or problems after that. Your repsonsibility is to just answer the questions truthfully and provide a disposition for any and all arrests.



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Robert Hollander<B> Esq.</B>



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