Ashburn, VA asked in Criminal Law and Immigration Law for Florida

Q: If I received a citation to appear in court, is this considered an arrest when I asked " If I've been arrested"?

I received a citation to appear in court by a police officer for a misdemeanor petit thief. I went to court (never to jail) and then the charges were eventually dropped. Now I am going for my interview for my USA Citizenship. When they ask me "if I have been arrested"; can I still say "No". I have never had any other issues besides this one.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No, it's not an arrest.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: If you were detained by a law enforcement officer and not free to leave without consequences you were under arrest.

Also, if the case was dropped because you attended any class paid a fine paid court costs.....you are considered guilty for immigration purposes. That being said you may be eligible for the petty offense acceptation. You may also be conisered to not have the good mporal character required for naturalization.

You might want to have an experienced immigration attorney review your record.

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