Court Case

[adethony121 2]

Can a Felony Case that came out Nol Pros affects a person's removal of conditions or naturalization?

[aaron2020 11,651]

Can a Felony Case that came out Nol Pros affects a person's removal of conditions or naturalization?

Yes, it can affect removal of conditions or naturalization. USCIS can review the circumstances to determine if the applicant has good moral character. Good moral character is required for both.

[Robert&Karen 264]

I found this:

http://felonyguide.com/Nolle-Prosequi.php

Are you saying there was NOT a conviction but there was an arrest?

[adethony121 2]

I found this:

http://felonyguide.com/Nolle-Prosequi.php

Are you saying there was NOT a conviction but there was an arrest?

There was an arrest and the conviction is Nolle Prosequi

Yes, it can affect removal of conditions or naturalization. USCIS can review the circumstances to determine if the applicant has good moral character. Good moral character is required for both.

[/quote

Will there be an interview?

[Robert&Karen 264]

Kinda odd if you do not know if you have a conviction or not. You can have your numbers run with your state's Department of Justice to get a copy of your rap sheet. If you have a GC and get a felony conviction you risk deportation.

[adethony121 2]

Kinda odd if you do not know if you have a conviction or not. You can have your numbers run with your state's Department of Justice to get a copy of your rap sheet. If you have a GC and get a felony conviction you risk deportation.

Sorry there was an arrest but no conviction since the case was nolle prosed.

Edited January 23, 2012 by adethony121

[ceadsearc 515]

It's because the case was noelle prosed meaning There was an arrest and a charge but not a conviction. But the case was not dismissed. The prosecutors may not have had enough evidence to continue, and noelle pros cases can often be reopened for a period of time. As for how it affects naturalization - no clue, though of course be honest.

But that's why the OP is explaining they don't have an actual conviction but they don't have a dismissal either.

[Robert&Karen 264]

Sounds like you better clean up your house before it becomes an issue. In other words, don't come to America to commit felonies! We don't appreciate it!

[markiweiss49 4]

you can't have no convictions. uscis will want to know why you have a arrest and if there was a conviction.tou will have to explain everything to them. if there was no conviction, you will need paperwork from your state explaing that there was no conviction.

[adethony121 2]

Robert & karen, I don't appreciate your response. You don't know what happened...

[ceadsearc 515]

The OP never said they weren't going to be honest about it. I'm sure they intend to tell the truth. Noelle pros is pretty common, an IO will know exactly what it is, and obviously OP will provide the related paperwork. What OP was asking was if having this charge with a noelle pros outcome will affect naturalization, and no one here seems to be able to answer, perhaps because no one seems to understand exactly what noelle pros is.

OP, I suggest you consult an immigration attorney who can perhaps give you a clearer answer.

[ceadsearc 515]

Sounds like you better clean up your house before it becomes an issue. In other words, don't come to America to commit felonies! We don't appreciate it!

You seem to still be confused about noelle pros. In America, people are innocent until proven guilty. Did the OP commit a felony? I have NO CLUE. But there certainly wasn't evidence or ability to convict him as one so he does NOT have an actual felony conviction and as such we can't say for sure he did it. I'm not sure what the point of your unhelpful comment was.

[adethony121 2]

Thanks ceadserc

[V & J 7]

Sounds like you better clean up your house before it becomes an issue. In other words, don't come to America to commit felonies! We don't appreciate it!

Is that relevant to OP's question?

[aaron2020 11,651]

USCIS does not need a conviction to deny removal of condition or naturalization. All arrests needs to be disclosed. USCIS will look at the circumstances to determine if the applicant meet the good moral character requirement.