Thonotosassa, FL asked in Immigration Law for Florida

Q: I have a conditional GC which is expiring in july 2024. I have to apply to remove conditions on my GC i751.

I had a misdemeanor charge in 2022 for petit theft which was dismissed by completing a diversion program and later the records were expunged in 2023. I want to know how is it going to go for my case? Also once approved the 10 year GC, will i still be eligible to apply for naturalization as married to USC as per 3 year time frame ?

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2 Lawyer Answers
Ghenadie Rusu
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Answered
  • Immigration Law Lawyer
  • New York, NY

A: Given your situation with the dismissed misdemeanor charge and expunged record, it's likely that your case for immigration and naturalization will not be significantly affected. As long as you avoid further legal issues and, very, enlist the services of an attorney to assist you, you should be on the right track.

Once you have your 10-year Green Card, you should be eligible to apply for naturalization under the 3-year rule as a spouse of a U.S. citizen, assuming you meet all other requirements. Remember, full disclosure of your past incidents in your applications is essential even if the case was dismissed.

Brian Chase Malone and Ms Grace I Gardiner agree with this answer

Kevin D. Slattery
Kevin D. Slattery
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Your criminal case should have no impact on the approvability of your Petition to Remove Conditions case. As to naturalization eligibility, even though it sounds as though you will have avoided a conviction, your arrest will likely raise concerns for the naturalization case adjudicating officer as to whether you have the requisite "good moral character" for the statutory period for which you must show good moral character. Just because one has avoided a conviction does not mean a naturalization applicant is guaranteed to be approved. Anytime a naturalization applicant has criminal history inside the period for which he or she must show good moral character, it is never a bad idea to consult with a competent and experienced immigration attorney. Many attorneys offer online video consultations.

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