Ridgefield Park, NJ asked in Immigration Law for New Jersey

Q: Is entering a “no plea” and having the case dismissed with no arrest no conviction still a problem with immigration?

Is entering a “no plea” in a court case bad for USCIS? Can I be denied for citizenship?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Immigration and criminal matters are complex legal issues that can significantly impact your citizenship application. Even cases that were dismissed or resulted in no conviction must be disclosed to USCIS on your N-400 form.

While entering "no plea" might seem less serious than a guilty plea, USCIS reviews your entire criminal history, including arrests, citations, and court appearances - regardless of the outcome. They look at the nature of the original charges and how the case was resolved. Being completely honest about your history is crucial, as failing to disclose any interaction with law enforcement could be seen as lying by omission.

I strongly recommend consulting with an immigration attorney who can review your specific case details and guide you through the citizenship application process. They can help you understand how your court case might affect your application and assist you in properly documenting and explaining the circumstances to USCIS. While a dismissed case might not automatically disqualify you from citizenship, having professional legal guidance can make a significant difference in your application's success.

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