Legal Question in Immigration Law in New York
Applying for citizenship with former arrest
Close to 10 years ago, I was wrongfully arrested for a crime. I was taken to the precinct, fingerprinted and placed in a holding cell at central bookings.
After waiting for hours, the parole officers told me that my case was dismissed and that I could go home. Never saw a judge, never convicted, case thrown out by DA, no criminal record ever.
Now, a decade later, I seek to apply for citizenship since I have been a permanent resident alien for over 25 years.
In being thorough, I went ahead and got my disposition papers from the local criminal court.
The document states:
Please be advised that your arrest under arrest number ####, on DATE #/##/##, for law code ###, was dismissed by this office prior to Criminal court arraignment.
This serves as a final disposition of the arrest.
A sealing order has been or will be automatically filed by this office with the department of criminal justice services and the NYPD.
Signed by the A.D.A. who produced the letter.
My question is, will this prior mistake become a problem when applying for citizenship?
Will this letter suffice for the INS to have the proof needed to not make this an issue? Should I be concerned?
Thank You
1 Answer from Attorneys
Re: Applying for citizenship with former arrest
It looks like you did all that is required. Although the case was dismissed the INS interviewer in all probability will ask you about the circumstances surrounding your arrest even if it was a mistaken identification and there was no probable cause for your arrest. I would suggest that you employ an attorney to represent you during your application process.
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