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


Asked on 3/07/06, 12:46 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

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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Answered on 3/07/06, 1:06 pm


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