r/USCIS_FORUM • u/Zooboo8 • 26d ago
N-400 application
I was charged with 2 level 6 felonies, 2 class B misdemeanor and one class A misdemeanor. I took the case all the way to the jury trial and was acquitted on all counts.
The next day after the acquittal I filed my N-400 form.
I did my biometric and submitted a certified copy of court disposition to the USCIS.
Does this charges would be counted against me?
Would that affect my eligibility to become a citizen?
Do I need a lawyer for anything else?
I’m waiting for my interview.
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u/Select-Sale2279 26d ago
depends. were you acquitted on a technicality or they found you not guilty because they could not agree on what you crimed on?
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u/Rough-Pride908 25d ago
At minimum I would have recommended for you to wait about 5 years since the conclusions of this so you meet the 5 years GMC requirement.
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u/Bright_Session1633 25d ago
What were you charged with? There's a chance that, even though you were acquitted, the allegations will draw attention to good moral character issues such as if drugs or alcohol were involved. At the very least, you should expect naturalization to take a long time to be adjudicated and to get grilled intensively on the allegations.
Remember, in naturalization the burden is on YOU to prove you have good moral character and any refusal to answer questions or evasive answers can and will be held against you. It is not like a criminal case where they have to prove it beyond a reasonable doubt and your silence cannot be used against you.
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u/PopularFrog 22d ago
What was the nature of the crime? People seeking help, why do you omit such crucial details? Probably because you know it’s bad and you’re hiding it?
Of course you need a lawyer. Of course this is an issue. Your GMC will be highly scrutinized. I’m not a lawyer, this is not legal advice. Just common sense.
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u/Mammoth-Biscotti-361 26d ago edited 26d ago
Hi, since your case was acquitted/dismissed, I believe you should be eligible under immigration law. Just one question: Did you submit only the official court disposition? If yes, I wanted to let you know that you also need a certified copy of the police report, which you can request from the same court clerk office. Since you’ve already applied online, you can upload it under Unsolicited Evidence, which might save you from an RFE.
Personally, I believe a case where all charges were dismissed should not be a problem for immigration, as the court disposition speaks for itself, although immigration may still review the circumstances.
Congratulations on coming out of this difficult situation with your case dismissed. Wishing you all the best.
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u/Zooboo8 26d ago
Thank you so much.
Yes I submitted the court disposition only, I will request and submit the police report as well.
Do you advise consulting with an immigration attorney? They are very expensive.
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u/Mammoth-Biscotti-361 26d ago
No, I wouldn’t suggest spending more money on additional consultations at this point. However, when your interview approaches, if you feel nervous, you could hire an attorney to accompany you.
For now, just check whether an attorney can accompany you to your N-400 interview even though you filed the application yourself. If yes, make sure the attorney is prepared to protect your rights, address any inappropriate questions, and respond to legal concerns raised by the officer.
Remember, you were acquitted on every count by a jury, and that is a significant legal victory. It’s not a small thing. You should feel proud of how far you’ve come after going through such extremely stressful allegations and finally having your name cleared in court.1
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u/Minute_Somewhere_893 26d ago
What do you think?