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Indicted, Pleaded Guilty, Charges/Case Dismissed/Dropped - Best Route to Citizenship?

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  • Indicted, Pleaded Guilty, Charges/Case Dismissed/Dropped - Best Route to Citizenship?

    These are the important facts of the case:

    GC holder for 5 years; applied for citizenship...passed the test and FBI background check...Nevertheless, there was a delay in the case which resulted in filing a lawsuit..after which the Judge and US Attorney agreed citizenship should be granted immediately...received an email from INS/US Attorney that Oath will be scheduled in two weeks. At this time, was indicted in federal court, and under duress and force pleaded guilty... Sentencing was delayed for seven years, after which the case was completely dismissed by US Attorney's Office. Now Married to a U.S. Citizen.

    GC has since expired, but obviously Permanent Residency is still valid.

    Question is should he apply to renew his Green Card first, and then apply for Citizenship? or just straight apply for U.S. Citizenship? Also, when applying for U.S. Citizenship, which route is faster/easier, by checking the box 1: Have Been a Permanent Resident for at least 5 years; OR box 2: have been a Permanent Resident for at least 3 years and married to a U.S. Citizen...

    Any help and your personal experience/story is highly appreciated.
    Last edited by CitizenshipQuest; 08-11-2014, 05:56 PM.

  • #2
    Originally posted by CitizenshipQuest View Post
    These are the important facts of the case:

    GC holder for 5 years; applied for citizenship...passed the test and FBI background check...Nevertheless, there was a delay in the case which resulted in filing a lawsuit..after which the Judge and US Attorney agreed citizenship should be granted immediately...received an email from INS/US Attorney that Oath will be scheduled in two weeks. At this time, was indicted in federal court, and under duress and force pleaded guilty... Sentencing was delayed for seven years, after which the case was completely dismissed by US Attorney's Office. Now Married to a U.S. Citizen.

    GC has since expired, but obviously Permanent Residency is still valid.

    Question is should he apply to renew his Green Card first, and then apply for Citizenship? or just straight apply for U.S. Citizenship? Also, when applying for U.S. Citizenship, which route is faster/easier, by checking the box 1: Have Been a Permanent Resident for at least 5 years; OR box 2: have been a Permanent Resident for at least 3 years and married to a U.S. Citizen...

    Any help and your personal experience/story is highly appreciated.
    contact a competent attorney!

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