Oswego, IL asked in Immigration Law for Illinois

Q: Is someone can apply for the citizenship who has misdemeanor charges and one year observation?

I am in living in this country more than 7 years and my arresting date time is more than 3 years till now. Am i eligible for applying the us citizenship thanks

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: If you already have been approved for lawful permanent resident status while living in the U.S. for at least 3 years as the spouse of a U.S. citizen, then the offense that you were charged with becomes an issue when seeking citizenship by naturalization.

Also, if you have not yet become a lawful permanent resident green card holder, the arrest, police report, and facts surrounding this incident become issues if you qualify to seek lawful permanent resident status.

The right to seek adjustment of status to green card status and the right to eventually naturalize to become a U.S. citizen are regulated by law and discretion. An adjudicator or naturalization examiner has discretion to deny an applicant, who has been arrested. However, if often depends upon (1) the charge; (2) what is discovered during processing; (3) what is requested by USCIS; (4) and what is stated at the interview. Mistakes can be made, which have indefinite consequences.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications.

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