Toledo, OH asked in Immigration Law for Ohio

Q: Applying for naturalization N-400 with dismissed Aggravated Menacing; what shall I do? No arrest

I was charged of aggravated menacing but the judge dismissed the charges under the request of the prosecutor. Honestly, I never committed anything and I was a victim. Now, as filling the N-400 should I attach criminal record, bring authorized information from the court, wait till September 2015 then apply, OR IT WILL NOT AFFECT THE APPLICATION AND I CAN APPLY NOW? Please help.

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1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: What is the importance, as you understand it, of the September 2015 date? If your charge was dismissed at the prosecutor's request, you should include a certified copy of the judgment entry indicating this with your application and an explanation of what happened with the case.You should always err on the side of disclosure because the immigration people can really take it badly if they think you lied. If you are in fact in a diversion program that will terminate in September and that is when the charge will be dismissed, you have a much bigger problem because the immigration people will treat that like a conviction.

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