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Q: arrested but not indicted ( Answered 3 out of 5 stars,   0 Comments )
Question  
Subject: arrested but not indicted
Category: Family and Home > Families
Asked by: rainer-ga
List Price: $10.00
Posted: 20 Jun 2002 12:34 PDT
Expires: 20 Jul 2002 12:37 PDT
Question ID: 29898
im a permanent resident. in 1999 i was arrested for sodomy. the cas
went before the grand jury and the gand jury did not indict me,set me
free off the charge.
iwant to go to Europe to see my parents,will i have any problems by
reentering the USA. i also would like to apply for my citizenship,will
i have any problem there?
Thank you for any answer that can help me to know.
Answer  
Subject: Re: arrested but not indicted
Answered By: mmi-ga on 20 Jun 2002 13:11 PDT
Rated:3 out of 5 stars
 
Hey rainer-ga,

It looks like you should be able to travel without any additional
concerns. According to this site:

http://www.srs-usvisa.com/faq.html

"U.S. law excludes any foreign person who has a conviction for a
"crime of moral turpitude", or a violation of law relating to a
controlled substance. "Moral turpitude" is not exhaustively defined:
it includes offenses involving theft or fraud, as well as murder and
forms of aggravated (but not simple) assault. Call to consult with us
concerning the effect of specific convictions.

Even if you have a conviction for a crime of moral turpitude, you may
still be admitted to the United States if:

   1. you obtained an absolute discharge, or
   2. if you have only one conviction handled as a summary (not
indicted) offense, or
   3. or if you were under sixteen at the time, or under eighteen for
a conviction that did not involve drugs or violence."

Understand I'm not a lawyer much less one skilled in immigration law,
but since #2 above appears to allow for one CONVICTION, I can't see
how an arrest without even an indictment could be a problem. Of
course, it may be that you're still subject to re-arrest, depending on
the status of the investigation. I suppose one way to look into this
would be to contact the jurisdiction and inquire as to the status of
any ongoing investigation, e.g., you could ask if they've ruled you
out as a suspect.

I searched in Google on:

immigration law crime "not indicted" citizenship

I wasn't able to find any specific information about any potential
obstacles to your gaining citizenship. But again, common sense would
seem to dictate that a simple arrest without an indictment should not
prevent you from attaining your goal. I did place a call to a local
organization that assists people with immigration issues and the lady
I spoke to agreed with this analysis. Still, consulting a qualified
legal expert might be a good idea.

Hope this helps.

mmi-ga
rainer-ga rated this answer:3 out of 5 stars

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