citizenship question

[decent]

Friends,
I have a couple of questions for you, hope you can help.
5 years ago I was arrested for Domestic violance, case dismissed, charges dropped and case sealed.
1. is domestic violance a crime by law?
2. I have two sons who are 19 and 16, can they apply seperately for their citizenship or do we have to apply as one family (4 people).
3. If I apply for citizenship can I leave the country, or do you advise me to stay till I become a citizen? Cons, pros?

[decent]

Friends,
I have a couple of questions for you, hope you can help.
5 years ago I was arrested for Domestic violance, case dismissed, charges dropped and case sealed.
1. is domestic violance a crime by law?
2. I have two sons who are 19 and 16, can they apply seperately for their citizenship or do we have to apply as one family (4 people).
3. If I apply for citizenship can I leave the country, or do you advise me to stay till I become a citizen? Cons, pros?

[naturebeauty]

I can answer atleast one of your questions.As for me I left the country after 5 months of my application and came back.

[aneri]

1. yes it is a crime and it may affect prooving your "good moral character". It all depends why the charges were dropped... A lawyer needs to take alook at the papers you have regarding the case.
2. 19 year old should apply on his own if qualifies. Chidren under 18 become USC when one parent naturalizes (there are some additional rules).

[martha3346]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by decent:
Friends,
I have a couple of questions for you, hope you can help.
5 years ago I was arrested for Domestic violance, case dismissed, charges dropped and case sealed.
1. is domestic violance a crime by law?
2. I have two sons who are 19 and 16, can they apply seperately for their citizenship or do we have to apply as one family (4 people).
3. If I apply for citizenship can I leave the country, or do you advise me to stay till I become a citizen? Cons, pros? </div></BLOCKQUOTE>

well, yes it is, BUT I was arrestet for domestic violence when I was a PR, when I applied for my USCS I just told the truth it depends on the situation I send the paper from the police with my I 400
I am a USC since october last yeahr

[cee]

Natural beauty,
You left the country and came back, but never cited if you have had any prior criminal convictions or cases that have been dropped.

His case might be different from yours.

[naturebeauty]

Cee, you r right. No I don't have any convictions or charge at all.

[Verbalist]

I agree with aneri that a lawyer should look at your criminal case. Although normally when the case is dismissed it means that there was no conviction, many times people are placed on unsupervised probation and they are absolutely convinced that nothing has happened - they were actually convicted. So, if you have any doubts whatsoever about your criminal case - get a copy of your file from the court and take it to an attorney before you do anything else. Once you confirm that the case was indeed dismissed and there was no conviction you are free to travel for up to six months at a time outside the U.S.

I believe your other questions were already answered.

[decent]

aneri,
Charges were dropped because my wife went next day and told the judge that she screwed up and that I was not a violent man!! She begged the judge to drop the case!! I wasn't convicted!!

Now, some lawyers on this board contended that domestic violence was not a crime, could someone settle this issue? Also, taking the above-mentioned into consideration do I still have a good moral character?

Do I need to go the interview with a lawyer or was the issue been automatically resolved?!!

[Verbalist]

Decent - when filing for citizenship you have to enclose a certified copy of the final disposition of any criminal charges against you whether you were convicted, acquitted or the case was dismissed. So, why don't you go to the court first and get that certified copy of the final disposition - it shouldn't take more than 30 min. and the certification is inexpensive ($10 - $20). The final disposition will show the result of your case beyond any doubt. If the case was dismissed you have nothing to worry about. If you were convicted (and you say it was 5 years ago) you still have nothing to worry about because so much time has passed since then. Make sure you have that document and then get back to us.

Your question of whether domestic violence is or isn't a crime is not material. You had to go to the criminal court, right? So, however it was originally classified is not important. And if that happened 5 years ago and you had no other brushes with the law - then, yes - I would say - you are a person of good moral character.

Don't worry, stop speculating, get the paper from the court and file for your citizenship.

Good luck.