Will a traffic citation affect my citizenship? 7 Answers as of July 22, 2011

I had 2 criminal citations back in 2007 (misdemeanor battery and loitering for the purpose of prostitution) that was dismissed. Will these citations affect my citizenship even though I was not arrested and do I have to declare traffic citations on my citizenship application ?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
The term conviction has a different meaning under immigration law that can encompass arrests. In any event, you DO need to disclose these and once they take your prints and run your record, they will most likely know anyway. You should not file anything without having a consult with a competent immigration attorney. Get a full copy of your court record for those cases as they will be needed to analyze your case.
Answer Applies to: California
Replied: 7/22/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If you have any criminal issues, you must talk to a competent immigration attorney to examine your records. For me to answer your question, I will have to see the court minutes.
Answer Applies to: Nevada
Replied: 7/22/2011
Fong & Associates
Fong & Associates | William D. Fong
The criminal citations may affect your citizenship as the law requires a 5 year period of good moral character, so it depends on the exact charge and disposition. You do need to list your traffic (moving violation) citations.
Answer Applies to: Texas
Replied: 7/22/2011
Kevin Bluitt, Attorney at Law
Kevin Bluitt, Attorney at Law | Kevin Bluitt
You must answer every question honestly....since you have been arrested USCIS will want to see the arrests records, etc....the fact that the cases were dismissed helps but you can still be challenged on the good moral conduct requirement......I believe you will be able to be a citizen....however, I would strongly urge you not to file on your own...your case will be greatly scrutinized by USCIS...your case needs to properly handled ....
Answer Applies to: Florida
Replied: 7/22/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You have to declare everything when they ask, arrest, conviction, even though the charges were dropped. Whether they would affect your citizenship depends on many other factors, such as how long ago those charges are, whether there were convictions... Prostitution definitely raises red flags in Immigration. You should definitely retain a lawyer's help.
Answer Applies to: Florida
Replied: 7/22/2011
    The Jarrett Firm, LLC
    The Jarrett Firm, LLC | Patrick Jarrett
    USCIS officers may consider whether you committed these offenses even though you were not charged. You must show documentary evidence of these charges and the dispositions when you file your citizenship application. Depending on the circumstances surrounding the arrest, these may become an issue. With regard to traffic citations, the severity of the citation determines whether you need to declare. If you are in doubt, you should declare and provide you explanation of what happened. If you are worried about these citations, it is well worth hiring an attorney to make sure you are providing everything that you need to and to assess your case for you.
    Answer Applies to: Georgia
    Replied: 7/22/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    you do have to disclose all arrests/citations, including traffic citation(although traffic citation would not affect your eligibility for citizenship). If you were not convicted of any crime, you will be fine for naturalization. But if you plead guilty but later the court dismissed the case, you may be still considered to have a criminal record and you cannot apply for naturalization within 5 years(or3 years if you married to US citizen and have been living with your spouse for3 years since you became permanent resident)from the date of youroffense.
    Answer Applies to: California
    Replied: 7/22/2011
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