Criminal Law Deffered Prosecution/dimissed and Naturalization

[sunny123]

I have been married to a U.S citizen for 5 years now. My I 130 has been approved, the contion of residence has not been removed yet. I was arrested back in May 2000 and was charged with Misdeameanor Larceny (shop-lifting) Less than $1000. I enter into deferred prosecution paid $120 fine, 48 hours community service and 6 month probation. In December 2000 charges were dismissed. 2 years ago I had the record exponged.

Last year I applied for US citizenship. I had the first interview a month ago. the INS officer asked me for original arrest record. the only thing I had is the Order of Expuntion and Original Court Clerk saying that there is not criminal record (whcih I took to second interview last week). They had copies of the probation papers whcih I gave them back in 2001 when I applied for residence.The INS officer did not give a response on whether I was approved or not. He just said that my petition could be denied because of the criminal record.
Now to my understanding:
1. If you are applying for citizenship based on marriage only Misdeameanor arrest in the last 3 years can be used for basis of denial.
2. If a case is dismissed it can not be used for basis for denial

What scare me a little bit is that I did not get a response on the interview if my application was approved. Could this mean that my application was denied and I'm going to receive an umpleasent suprized in the mail?. Please help

Thanks

 

[Husty]

You were convicted of a crime, the fact that agreed to do the community service means you took responsibility for your actions. You will be asked about arrests and convictions and you must disclose any relevant information. Your statutory period for showing "good moral character" is three years, but since you have an arrest related to conduct involving moral turpitude, you will not be eligible for citizenship.
This is not legal advice, contact an attorney if you need legal help.

 

[sunny123]

Case update

I finally received the Oath Ceremony notice. I had to wait 3 months or so for final approval. I apply 3 months to early (apperently INS requires 5 years after an offense is committed before you can apply) I was so close to the to the 5 years mark I guess they decided it was ok. Thanks for the your help