Domestic Violence, Violation (dismissmed) and GC application

S

spartan_aryan

New Member
I was involved in a bad relationship several years back and it has come back haunting me with my GC application. I am about to file I-485 and really need some advice with my situation. I do not want to LIE on my application but at the same time unnecessarily just don't want to raise any red flags.

My situation (10 years back)
1) Restraining Order (Ex-parte )
2) Violation of restraining order - Dismissed
3) No criminal records , No arrests
4) Clean slate since above

All these legal terms is very confusing and I really need some valuable advise from the experts here. What should I answer for the below questions?

a) knowingly committed any crime of moral turpitude?
b) been arrested, cited, charged, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

Will my situation negatively impact my GC application, not sure if 10 years back makes any difference ?
 
b for sure you have to disclose. and all the paperwork you had show them.
a I'm not sure if it's considered a CMT. You can discuss that with a lawyer and interviewer, showing what you got.
 
I'm a bit unclear how the violation of the restraining order came to the court's attention--even if later dismissed--if you weren't arrested. Usually restraining order violations result in an immediate arrest--that is in fact the whole theory behind a restraining order--the person needs to be arrested to separate them from the petitioner/protected person.

However if you were indeed somehow charged but not arrested you'd definitely need to mention that in the I-485 as well as including documentation as to the fact it was later dismissed.

If this was purely a civil matter you would NOT disclose it but it would still be a good idea to keep/have good documentation of the incident because they can always ask you about it at the I-485 interview (if you are interviewed).

I'm not sure I understand the exact scenario here but I'm wondering if it was something like the following: the petitioner obtained an ex parte restraining order and a court date for the full hearing was scheduled. At the full hearing, the petitioner accused you of violating the temporary restraining order but the restraining order was dismissed and no charges were actually filed. In such a scenario no charges were ever filed and you would not need to disclose it.
 
You must log in or register to reply here.
Top