detained and given an acd 170.56

G

goobz

New Member
I am filing out an N-400 form and will submit my court ticket and info for being detained way back in 1999 for smoking pot in public. I wasn't actually smoking but I was with a group of friends who were smoking pot at a concert in Central park when it happened.

I was a tourist at the time and was given an Adjournment in contemplation of dismissal which lasted 1 year for which I was told the record would be expunged. So I was never charged and have been trouble free since.

I submitted all this information for my permanent residence application and it wasn't a problem.

Will the USCIS deny me Citizenship for this?



Thanks in advance
 
Unfortunately Yes! You need to tell them about this incident and send in all the documentation. See page 15 of the N400 application form. "You must disclose this information even if anyone, including a judge, law enforcement officer, or attorney, told you it no longer constitutes a record or told you that you do not have to disclose the information"

Let's say I was involved in a similar incident years ago in the UK (we have all been bad boys in the past!). My lawyers filed a Waiver of inadmissibility for my I485 which was approved. I sent a copy of the Waiver and an updated UK police report with my N400 application form several weeks ago.

I think it makes sense to send in the documentation with your N400 application. It may sound like a waste of time but if you have dealt with government employees in the past you realize that they are not renowned for being dynamic.
 
In NY State, as far as I know criminal records are not expunged, rather they are SEALED. If you disclosed the ACD in your Green Card application then I believe you should be okay however if you didn't then you definitely need to disclose it in your N400 and may need to explain to the officer for not disclosing it in earlier immigration matters. Either way, you need to include a Certificate of Disposition of this case with your application.

Not knowing the severity and details of your (ACD) case, if you still have concerns on how to deal with this, then I would recommend consulting a competent immigration attorney who's also knowledgeable in criminal matters. It may cost you a couple of hundred dollars but it may bring peace of mind.


Regards.
 
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