Announcement

Collapse
No announcement yet.

Arrested but cases dropped.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Arrested but cases dropped.

    I was arrested for domestic violence case(1999) but the case was dropped and I didnt have to spend a day in jail since I got bail the same day I was arrested, now I am applying for green card on employment basis, I talked to lawyers to expunge my record...but still not sure whether I will get my GC or not...
    Do I have to declare this in I-485 ?
    Any help will be appreciated. Thanks

  • #2
    I was arrested for domestic violence case(1999) but the case was dropped and I didnt have to spend a day in jail since I got bail the same day I was arrested, now I am applying for green card on employment basis, I talked to lawyers to expunge my record...but still not sure whether I will get my GC or not...
    Do I have to declare this in I-485 ?
    Any help will be appreciated. Thanks

    Comment


    • #3
      You have to answer the questions truthfully (meaning that then they ask you if you were arrested, and you were, you can't say, no).

      Expungements (state rehabilative measures) have no effect on (federal) immigration law. BUT:
      since the charges were dropped (hopefully without any conditions such as probation or community service or attending self-improvement classes in conjunction with a plea bargain or a nole contest plea in front of the judge) you don't have a conviction which would endanger your adjustment of status case. Talk to a good attorney just to make sure you fill out your papers properly, but all in all I think you're safe!

      And remember that it's not cool to verbally or physically abuse someone who is supposed to be your domestic companion!
      Good luck!

      Comment


      • #4
        Thanks for your reply..Hanbal.

        Comment


        • #5
          Dear Hanbal, similar question for you. I was arrested for domestic violence charges and I had to go through PRE-TRIAL INTERVENTION PROGRAM. So where do I stand legally speaking, i.e. am I considered convicted because I had to do the program? I appreciate your help.

          Comment


          • #6
            for a conviction for immigration purposes to exist, you must "satisfy" two conditions:

            - Plea "guilty", or if plead "nole" or "not guilty" found guilty by the Jury or the Judge.
            - some kind of punishment imposed on you (community service, self-improv classes, probation etc.).

            I believe pre-trial procedures exclude that you had to plea your case in court, and therefore do not constitute a conviction. Once the condition is satified, the court usually "dismisses" the charges, and that's all you'd need to declare (arrested, charged? if you were formally, charges dismissed), again talk to a good immigration attorney, I'm pretty sure that I corresponded with at least one person who had a similar case such as yours and was naturalized.

            Comment


            • #7
              I appreciate your help.

              Comment


              • #8
                Domestic violence is NOT ground for inadmissibilty, it is a ground for deportation, but not inadmissibility (unless it qualifies as some aggravated felony.)

                Comment


                • #9
                  If you have completed the conditions of the PTI program you can legally say you were arrested but never convicted of any crime.

                  However, keep in mind that while you do not have a conviction record, you do have an arrest record. Therefore, you certainly need to get the arrest expunged. You can do it yourself, they are quite easy. A lawyer will charge about $500 hundred for an expungement if you don't have the time.

                  Comment


                  • #10
                    Needurhelp,
                    I am also going through the same problem , it would be great if you could explain what happend to your case .

                    Comment


                    • #11
                      Whats the latest ?

                      Comment


                      • #12
                        As far as I know you can have two misdemeanors without having any problems adjusting. If you have a felony or have most than two then you are at risk.

                        Comment


                        • #13
                          Hello
                          I was arrested for patronizing prostitution 7 years ago and went through the pre-trial misdemeanor diversion program, my charge was expunged a year later. My charge is a class B misdemeanor punishable by 6 months in jail and or $500 fine.
                          Will I have adjustment problem?

                          Comment


                          • #14
                            When you go through AOS you will know.

                            Comment


                            • #15
                              My husband was denied naturalization due to two old arrests from the 80's. They state on the denial letter that he never received a waiver for these arrests. For this reason he was inadmissible when he received his green card and will not be given citizenship.

                              Does anyone know the difference between expungement and a waiver?

                              Comment



                              Working...
                              X