Legal Question in Immigration Law in New York

Re: Applying for citizenship with arrest

I would need more information regarding your particular case before I can comment on it properly.

However, I would suggest that you are very �honest� with the Immigration Service because even though the charges were dismissed she �was arrested�.

If the question says �have you ever been arrested� clearly they are dealing with the person being arrested (even if the charges were dismissed it is on record that an arrest was made). If she lies about it the Immigration Service will then want to know what else she lying about on the application.

Re: Applying for citizenship with arrest

Your girlfriend MUST admit that she was arrested and she will have to bring the disposition to her naturalization interview. If she does not disclose this information, then USCIS can accuse her of committing fraud (lying) and deny her application. This may also affect her status as a permanent resident. Further, regarding the arrest, depending on when it was, she may be better off waiting to file her application. She should consider getting a second opinion before filing her application with USCIS.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.