Legal Question in Immigration Law in Minnesota

on march of 2011, in Hennepin county of Minnesota, i got pull over for drunk driving in which i found guilty, and judge sentenced me for 1 year of probation, some fine, and one day DWI class. its been now a year and i am off probation and my case has been dismissed, but the problem is that i recently got pulled over for the driving after suspension in Anoka county which i didnt even know my driver license was suspended. the reason for the suspension licence was that i forgot to make a payment to Hennepin county.i talked to the prosecutor from Anoka county, and he gave me one year of probation to the court without any supervision and continued for dismissal and fine in amount of $250. he even said i am not pleading guilty.if i have no any violence during probation period time then my case would be dismissed..above are my brief background and my actual question is that i am yet to become citizen. is that okay if i apply for naturalization now or i should wait till i am off probation. and if i wait till my case become dismissed, should i tell immigration officer about this case(driving after suspension) in an application, or should i just ignore because i know once my case become dismissed it will not be on my record and that's exactly what the prosecutor said.

any help would be greatly appreciated. thank you


Asked on 1/23/13, 1:56 pm

1 Answer from Attorneys
Greg Bachmeier Bachmeier Law Office

You will not be able to naturalize as long as you are on probation. The Naturalization application requires you to list all arrests/citations etc. You should disclose the driving after suspension even though it was dismissed. Generally you must show five years of good moral character - any arrest/charge or conviction could cause your naturalization application to be denied. You can show rehabilitation to offset the arrests/charges if you choose to file right away.

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Answered on 1/23/13, 2:07 pm


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