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 ?
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.
Ms Grace I Gardiner and Brian Chase Malone agree with this answer
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.