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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5087
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Will having a nolo prosecute charge of theft less than $1000

Customer Question

Hi will having a nolo prosecute charge of theft less than $1000 misdemeanor and a guilty in absentia reckless driving misdemeanor charge prevent from getting my citizenship
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: Yes
JA: Have you talked to a lawyer yet?
Customer: Yes, a lawyer filed my citizenship petition but recently just got the reckless driving charge in virginia
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am having interview on the 21st and want to make sure if I should go or not now that I just got this reckless drivING charge in Virginia
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

On what date these both of these incidents occur?

You are not charged for answering me.

Customer: replied 1 year ago.
The nolo prosecute happened in 2013 and the reckless driving in Virginia just happened on the 8/26/2015
Customer: replied 1 year ago.
Expert:  Jen Marie, Esq. replied 1 year ago.

USCIS looks at the last 5 years mainly when they decide on your naturalization application. They are allowed to look back further but that is what they concentrate on. The older the arrest, the better. Because the incidents were within the last 5 years, especially the last one that was just last year, there is a decent probability that you may be denied. Since neither incident was very serious, that is the reason I am not saying you have a high change of denial. However you should know that chance exists due mainly to the most recent conviction and the fact that it is a conviction and not nolle pros or dismissed like the other. The other one should not affect you much.

You still have a chance of approval. It will be up to the officer's discretion. Therefore, You should go to the interview anyway and give it a shot since you already paid for it. I suggest you take letters of recommendation with you from people that know you, also employers, any place you volunteer, any community work hours you had to do , etc to help counter the negative parts which are the conviction from 2015 mainly. I would attend the interview, because you are not penalized for being denied. You can just reapply again in a few years .

Good luck to you during this process and I hope this answer has helped you!

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