Hi,

I was arrested for domestic violence. The case was thrown out of court and NO charges filed. I also got the arrest record expunged. I'm ready to file for 485 (I 140 is pending).

Should I answer Yes or No to: Have you ever been arrested or convicted of a crime?

If I remember the form correctly, you should mark Yes, because a little further down it also gives you the opportunity to mark whether anything has been expunged. So do the right thing.

TELL THE TRUTH. For something like this its easy since they already know half the domestic violance accusations are bogus to begin with. Since you wern't convicted or even formally charged then its as if it never happened. But do tell the truth. That is the main thing they are looking for, honesty. They know we are all not saints, don't try to act like one.

How will this impact my Green Card? What are the chances of my green card being denied?

I don't think anyone in here can tell you - that is up to the person that adjudicates your petition. However, how would you think it would impact your green card application if they catch you in a lie?

The question is:
1. Have you ever in or outside the United States: been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

The reason that you don't want to live up to it, or that it was expunged, doesn't mean it didn't happen?

So, have you ever been arrested?

Regards,

If you were not convicted then it won't matter. USCIS is mostly concerned about criminal convictions and you being honest. Especially you being HONEST. Tell the truth. If they think for one second you lied about anything, even as silly as a parking ticket, your screwed. Your not guilty, not charged, not anything other than being arrested for suspicion. Not a problem.

Obviously you are the ONLY one who can make this decision. Take a step outside the box... IF you answer NO, and they DO find out... you've got more than a problem. IF you were placed under arrest and brought to the station...you've been arrested! That should be your answer.

I agree with Kollerkrot ~ at least you'll have a chance to explain your circumstances. I'm hoping that the reason the case was thrown out & record expunged, were really GOOD reasons! Only you know for sure.

Good Luck!

I'm in a similar situation. Without going into details, I would recommend getting an immigration attorney familiar with the immigration consequences of criminal conduct in your state. This will most likely come up during you interview and you will be requested to provide copies of the police report. One of the issues is definition of "convicted." For immigration purposes, "convicted" includes "admitting the essential elements" and not necessarily being formally convicted. It also depends on the statues in the state where it occured. If a domestic violence statue includes unwanted touching without the intent to harm, then the state law is broader than the definition used by immigration and it won't be held against you. Like I said, please get an immigration attorney, especially for your interview. They know the ins and outs of this issue and have experience with your type of case.

yup, send the arrest report togetehr with I-485, if you hire an immigration attorney, he or she will let you know.