Legal Question in Immigration Law in Florida

I received a written arrest for possession of alcohol under 21 (I was 20), I did the community service and wasn't charged. It was a program that Florida has for first time offenders. I am now applying for my citizenship and I don't know if this will affect the process, or if I should even list it since I did not get charged


Asked on 9/08/10, 2:57 pm

1 Answer from Attorneys

Mario Musil The Musil Law Firm

You have most likely completed a diversion program, and the case was dropped as a result of that. You still have to report it on the citizenship application. Most of the USCIS agents will not care about a small charge like that, but it can technically be used against you, and can make the process a little more difficult. I would highly advise to have the arrest record and any other information expunged. You will still have to report it, but according to the case law, it should not be used against you in a citizenship application if you take these precautions.

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Answered on 9/13/10, 5:13 pm


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