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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109032
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Does RSA 644:2 affect naturalization?

Customer Question

does RSA 644:2 affect naturalization?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You mean does being convicted of RSA 644:2 cause a problem for an N-400 application? What was the sentence? When did the case close including any time on probation?

Customer: replied 1 year ago.
the case is still on. might close next week. i am due for naturalization but have an RSA 644:2 case before me.
Customer: replied 1 year ago.
Customer: replied 1 year ago.
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Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But have you filed the N-400 yet?

Customer: replied 1 year ago.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. Then I would hold off on filing the N-400. They want to see a CLEAN record for a full 5 year period before filing of the N-400. They will not approve you with an open case and they will not approve you if you get convicted. The only way that you could file now and have a descent chance of approval would be if you filed after the criminal case is closed AND you get the case dismissed or a judge or jury finds you not guilty. You would also have to provide certified copies of both the police report and court disposition not only to prove that you were not convicted, but also to show that you did not admit to the essential elements of any crime. I understand that this is a minor crime, but since U.S. Citizenship is not a requirement for you to stay in the U.S. and live a good life here, they can afford to deny you and ask you to apply again when more than 5 years have passed since the close of the criminal case if you are convicted and the immigration definition of conviction is broader than the criminal definition. This means that even a withhold of adjudiction is still counted as a conviction for immigration purposes. I just don't want you wasting $680 that could end up in a denial. I hope you understand an appreciate that.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Not sure why you don't want to leave a positive rating when I am trying to save you $680. I know it may not be the answer that you want to hear, but it is the correct answer. At least respond to me and tell me what you are thinking and how I can help so that you are satisfied with my service. In the meantime, please take a look at this link:

If you want more in-depth reading, take a look at this link:

I would pay special attention to Adjudicative Factors.

If you still want to apply against my recommendation (or you just don't care about the $680), then at least wait until the criminal case is closed and along with your N-400, apart from disclosing the issue and submitting the certified copies of the police report and court disposition, I would submit good moral character letters from friends, family, co-workers, bosses, neighbors, etc. where each writes their own letter stating who they are, how long they have known you, how they know you, and that you have good moral character and to give the reasons why they believe you have good moral character. The more detail, the better. The people you ask to write the letters do not have to know about any issues in your background.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 1 year ago.
if the plaintive decide to withdraw the case and no long press charges, will it still count as adjudication. will i still be able to file for citizenship.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Yes, if the prosecutor drops the charges and you did not admit to anything in the police report, then you would stand a much better chance of approval. I would still add good moral character letters.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is click on my name and they will come out. Thank you for your understanding.

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