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Thread: Arrested but cases dropped.

  1. #1
    Guest
    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. #2
    Guest
    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

  3. #3
    Guest
    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!

  4. #4
    Guest
    Thanks for your reply..Hanbal.

  5. #5
    Guest
    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.

  6. #6
    Guest
    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.

  7. #7
    Guest
    I appreciate your help.

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

  9. #9
    Guest
    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.

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

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