Legal Question in Immigration Law in New York

applying for citizenship status

i am applying for citizenship in the u.s. i recieved a summons for having a pocket knife in public view in my vehicle. when i went to court it was adjourned contemplating dismissal. 6 months later i recieved the disposition stating that it was dismissed.should i tick yes on the application form that i have gotten a citation? will that be a problem in gettting my citizenship?


Asked on 4/17/07, 12:20 pm

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: applying for citizenship status

You should always be honest and disclose any and all potentially adverse criminal information (including arrests) when applying for Naturalization using the N-400 Application, or for any other type of immigration petition/relief.

However, you may need further guidance as to whether or not the conviction was a Crime Involving Moral Turptirude ("CIMT") thus potentially barring you from Citizenship.

Since every state's criminal law is markedly different, and the USCIS uses a federal broad based definition of what exactly consitutes an Aggravated Felony ("AG") or a CIMT, you must consult with a seasoned Criminal Defense/Immigration Deportation Attorney before you apply.

If you would like to discuss your case further, please contact us.

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Answered on 4/17/07, 12:51 pm


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