Legal Question in Immigration Law in New York
sealed after conviction-naturalization interview
I pled guilty and reduced charges to violation and 10 days community service. Had 1 year conditional discharge and it's almost 3 years passed now. Filed citizenship and got interview date on april. The paper has a red stamp and says 'sealed after conviction'. I need to know what this really means and would it hurt me if I goto interview? Am I convicted of crime or am I okay since the charges were reduced to violation, which the officer said it's not a crime. I am confused and would the immigrant officer ask me of the incident? How do I answer? Plse help me
1 Answer from Attorneys
Re: sealed after conviction-naturalization interview
The status of 'violation' means no crime was committed. You may state that you have never been convicted of a crime. That it was sealed means that you may state that you were never arrested.
That refers to civil matters and to employment. i would recommend that you disclose the fact of the violation in your application. Only crimes bearing on character are relevent. And a mere violation will have no impact on your petition. However, failure to disclose such an arrest, if the INS learns of it, is a deportable offense.
Good luck.
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