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Thread: arrested and charges dismissed by Grand Jury

  1. #1
    Im a permanent resident 1999 I was arrested and charged with a first degree felony.
    in2000 the Grand Jury dismissed the charges.
    can I apply for citizenship and can I travel outside the USA without having problems when reentering the USA?

  2. #2
    Im a permanent resident 1999 I was arrested and charged with a first degree felony.
    in2000 the Grand Jury dismissed the charges.
    can I apply for citizenship and can I travel outside the USA without having problems when reentering the USA?

  3. #3
    I dont see why you wouldn't be able to travel outside the US. You're a permanent resident. As long as your green card is still valid you shouldn't have any problems.

    For your citizenship, that will probably depend on the INS officer.
    These pages may help you:

    Hope that helps

  4. #4
    Before leaving the country, I would try to obtain citizenship. Even if you're not "removable" at this stage, you could be "inadmissable". It depends on the charges and the circumstances of the dismissal...

    Since your charges were dismissed though, you don't stand of having a "conviction", and should be able to establish "good moral character".

    But you still may have a "moral turpitude issue" especially if during the time of the commission of the crime - 1999 - you were not legally 5 yrs. in the States (a conviction is not needed for this criteria).

    If you've got the time, you may want to wait untill 2004 (5 yrs. post the arrest) and then apply for citizenshhip with the help of a good immigration attorney.

    Good luck!

  5. #5
    You suggested him wait until 2004 (5 yrs. post the arrest). What does the period of 5 years mean?

  6. #6
    Moral turpitdue even catches arrest w/o convition? Really?

  7. #7
    The 5 yrs. are necessary to establish "good moral character" for citizenship purposes.

    Quoting ImmigrationHelp "The following definition of the term "moral turpitude" was cited with approval by the Attorney General in his opinion of October 13, 1933 (37 Op. A.G. 293) and by various Federal Courts, including the U.S. Supreme Court.

    It is defined as anything done contrary to justice, honesty, principle, or good morals; an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow man, or to society in general, contrary to the accepted and customary rule of right and duty between man and man. Moral turpitude implies something immoral in itself, regardless of the fact whether it is punishable by law. It must not merely be mala prohibita, but the act itself must be inherently immoral. The doing of the act itself, and not its prohibition by statute, fixes the moral turpitude.

    If you leave the country and are not naturalized yet, you may be "inadmissiable" if you're "permanently barred from naturalization".

    Talk to an attorney, though, since your case if very complex!

  8. #8
    But, there's no inadmissibility item in INA for the unconvicted crime, is there? Only thing I acknowledge about moral turpitude in inadmissibility of INA is 'conviction of moral turpitude crime for which sentence was over 1 year'.

  9. #9
    I dont know the circumstances of your arrest and dismissal,but I will tell you about my case,I was arrested for Patronising a Prositute,the charges were Dismissed and Sealed,the question came up during my interview for N-400,if I have ever been arrested,I told her Yes,showed her the Court disposition,and my Citizenship has been approved the Swearing in is next month.Good luck

  10. #10
    In terms of CIMT, I think there's a difference between AOS to a PR and from a PR to Citizen. AOS is considered "admission", so as long as you're admissible, you're fine even if you're deportable (if the maximum possible imprisonment is 1 year, you're admissible and deportable at the same time). For PR to Citizen, if you're deportable, you're out if they get you. So you really need to consult with someone to figure it out.

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