twinkiestar
New Member
Diversion program and citizenship
I got my green card in April 2002 via my spouse(US citizen), and I want to apply for US citizen now. Everything is fine except that I got citation on 01/08/2004 at airport for 2nd degree trespassing (MISDEMEANOR) when I tried to reach my luggage through luggage door. DA made pretrial agreement to dismiss the charge (citation) after I completed a diversion program. and that citation/charge is now in the process of being expunged.
my question is
- should I apply after four years so that this incident is out of 5 year window?
- what record should I send with application? N400 guide asks for court certified sentencing record, but there is no conviction in my case, is it enough for me to submit the court certified case dismiss letter stating that my case was dismissed because I have completed my diversion program?
- when the record expunged, will FBI search still be able to find this record? what does expunge mean exactly in immigration law?
- will the pretrial agreement means that I am convicted in immigration law?
and if I apply, is it right that I answer N400 Questions as the following?
15. ever commited a crime or offense for which you were not arrested? Yes
16. ever arrested, cited and detained by any law enforement? Yes
17. ever been charged with commiting any crime of offense? Yes
18. ever been convicted of a crime or offense? No
19. ever been placed in alternative sentencing or rehabilitative program? Yes
thanks for your help?
I got my green card in April 2002 via my spouse(US citizen), and I want to apply for US citizen now. Everything is fine except that I got citation on 01/08/2004 at airport for 2nd degree trespassing (MISDEMEANOR) when I tried to reach my luggage through luggage door. DA made pretrial agreement to dismiss the charge (citation) after I completed a diversion program. and that citation/charge is now in the process of being expunged.
my question is
- should I apply after four years so that this incident is out of 5 year window?
- what record should I send with application? N400 guide asks for court certified sentencing record, but there is no conviction in my case, is it enough for me to submit the court certified case dismiss letter stating that my case was dismissed because I have completed my diversion program?
- when the record expunged, will FBI search still be able to find this record? what does expunge mean exactly in immigration law?
- will the pretrial agreement means that I am convicted in immigration law?
and if I apply, is it right that I answer N400 Questions as the following?
15. ever commited a crime or offense for which you were not arrested? Yes
16. ever arrested, cited and detained by any law enforement? Yes
17. ever been charged with commiting any crime of offense? Yes
18. ever been convicted of a crime or offense? No
19. ever been placed in alternative sentencing or rehabilitative program? Yes
thanks for your help?
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