What happens after charges being dismissed

**imm_Quest** · 2nd May 2005, 12:16 PM

I was charged with Domestic assault and my charges are dismissed which means I have an arrest record. My 485 approval is pending from NSC with PD of 9/11/02 and RD 6/4/03. What typically happens at this stage ? Will I be called for an interview ?Anyone with similar experience, please write your experiences.
Thanks

**InUS&Frustrated** · 2nd May 2005, 01:12 PM

Immi_Quest,

In all likelihood - you will be called for an interview. I am in the same boat, just waiting. This is based totally on getting a hit from the FBI record check I think. Since you can still get a hit, even if the record is expunged, USCIS will want to call you for an interview. What i am not clear on is if USCIS will call for an interview based on what you answered too. My situation is I am not so sure FBI has a record of my arrest (as it is expunged) though i've answered "yes" to the arrest question, so i am not clear if USCIS bases its decision completely on the record check irrespective of what you've answered to the arrest question on 485 application !

From your end, if you can get an original court disposition document stating that the case is dismissed, copy of statute or law stating that the max offense / punishment is less than 1 year, you are good to prove this is not case of moral turpitude. BTW..Did this happen after you applied for 485 ?

"Pralay" is an expert on this subject!

**imm_Quest** · 2nd May 2005, 02:45 PM

This happened after I applied for 485, and also after I gave my finger prints for GC.
I am convinced too that in all possibility I will be called for an interview. But what I am not clear about is will USCIS be interested in the nifty details of the case or will they be interested only in the fact that the case is dismissed ?
And yes it is irrespective of what we answer for arrest record, it is dependent on the FBI check.
Are there any cases where someone has this kind of situation and are not called for an interview ?

**lohith** · 2nd May 2005, 03:43 PM

Originally Posted by imm_Quest

But what I am not clear about is will USCIS be interested in the nifty details of the case or will they be interested only in the fact that the case is dismissed ?
And yes it is irrespective of what we answer for arrest record, it is dependent on the FBI check.

If there is FBI hit on your record, most of the times your case tranferred to local CIS for adjudication.

As I read 485 interviews on other threads, CIS officer wants to know(to confirm) on your OWN words and how case was settled. So, you better take some pain collecting expunge/dismissal docs to present at the interview since FBI check doesnot have dismissal info, only contains initial charges info.

Basicly, once CIS sees the relevant docs from your side matching to FBI report, then CIS did not asked any further Qs and approved the case.

**MASS NJ** · 2nd May 2005, 04:09 PM

Did they take your finger prints during arrest?. If yes, your record will always show up.

Originally Posted by InUS&Frustrated

Immi_Quest,

In all likelihood - you will be called for an interview. I am in the same boat, just waiting. This is based totally on getting a hit from the FBI record check I think. Since you can still get a hit, even if the record is expunged, USCIS will want to call you for an interview. What i am not clear on is if USCIS will call for an interview based on what you answered too. My situation is I am not so sure FBI has a record of my arrest (as it is expunged) though i've answered "yes" to the arrest question, so i am not clear if USCIS bases its decision completely on the record check irrespective of what you've answered to the arrest question on 485 application !

From your end, if you can get an original court disposition document stating that the case is dismissed, copy of statute or law stating that the max offense / punishment is less than 1 year, you are good to prove this is not case of moral turpitude. BTW..Did this happen after you applied for 485 ?

"Pralay" is an expert on this subject!

**pralay** · 2nd May 2005, 04:18 PM

Originally Posted by InUS&Frustrated

"Pralay" is an expert on this subject!

What do you mean?

I just spend/participated in various discussions in this forum a few months more than you - probably. If that makes me "expert", then you are probably on the way too.

**portalvy** · 2nd May 2005, 04:34 PM

Originally Posted by imm_Quest

I was charged with Domestic assault and my charges are dismissed which means I have an arrest record. My 485 approval is pending from NSC with PD of 9/11/02 and RD 6/4/03. What typically happens at this stage ? Will I be called for an interview ?Anyone with similar experience, please write your experiences.
Thanks

I was in you exact similar situation. My domestic assualt charge happened after I485 filing and after fingerprints. FYI: This was was my soon to be ex trying to spoil my greencard application! Like you the charges were dismissed and yes I have an arrest record. Please note: My cases was in CSC so I am not sure how NSC works. With that in mind: we were all called for an interview. I had a attorney with me. The officer asked the questions in a tricky way. His question was directed to me and my daughter at the same time. It went something like "...and you both have never been arrested?'. My daughter answered No and I said I was arrested and explained to him how it happened. He asked for the date, which I gave. He asked if I had any documentation about my arrest, and I did not have any. My attorney explained to him how hard it was to prove that no charges were made. He also told him of another case they had and how much time was wasted to try in vain to get that document.
My case was APPROVED!!
My suggestion to you, is to contact your arresting office (the police station) and ask them what documentation you need to show that charges were never filed after your arrest. Have it certified.
Hope this helps, and feel free to communicate in private with me if you need more help.
Good Luck and God Bless.

**InUS&Frustrated** · 2nd May 2005, 04:56 PM

Pralay - Your knowledge is much appreciated in matters of some one getting arrested due to XYZ reasons ! Thanks a lot !

Mass NJ - Yes, theyve taken my finger prints, so i guess i can be convinced too that i will be called for interview.

imm_Quest - Do you have the court disposition document evidencing dismissal ? In the state you live, is the crime a misdemeanor ? just double checking that this is not a crime of moral turpitude, correct ?

**imm_Quest** · 2nd May 2005, 04:57 PM

I do have the charge documents with me. Please note that my case is dismissed and not dropped. So from your advice, I gather that it is better I have an immigration attorney with me at the time of interview. Will the USCIS have my charge documents with them too ?
I am afraid I dont have the best answer to tell why my case is dismissed. The DA spoke to my wife and took her testimony that we never had any kind of abuse in marriage and my attorney convinced that DA that any kind of minor conviction/probation/SIS would sabotage my petition with CIS. I am not sure if this is sure enough a reason that I could state in the interview with USCIS ? Or are the immigration attorneys pros at this ? I have this loads of questions and thanks for your patience and I am sorry if I sound incoherent anywhere.

**imm_Quest** · 2nd May 2005, 05:45 PM

Originally Posted by InUS&Frustrated

Pralay - Your knowledge is much appreciated in matters of some one getting arrested due to XYZ reasons ! Thanks a lot !

Mass NJ - Yes, theyve taken my finger prints, so i guess i can be convinced too that i will be called for interview.

imm_Quest - Do you have the court disposition document evidencing dismissal ? In the state you live, is the crime a misdemeanor ? just double checking that this is not a crime of moral turpitude, correct ?

In the state that I live it is a misdemeanor. And I have collected from my attorney and several other attornies that DV is a deportable offence no matter what the punishment is as long as convicted.

**InUS&Frustrated** · 2nd May 2005, 08:28 PM

Basically, the law states that if the maximum punishable offense for a crime is less than 1 year & actual sentence served is less than 6 months, this is not a crime of moral turpitude. You can invoke the interpretation as a petty offense & there is official shelter under the immigration laws.

Since you can prove that your case is dismissed & there are no outstanding criminal charges/violations, you should be fine by presenting court documentation. The statute under which you got arrested needs to be obtained to double check what the maximum amount of time you can be punished (just google for the crime in your state to get the exact penal code statute/publication you can quote & print a copy).

Regards to the aspect of what USCIS is wanting to find out when they ask you to describe what happenned, is for moral justification / peace of mind that they are doing their job (not sure here, thats my take). I was also enlightened by UN & Pralay that the immi officer is pretty powerful in adjudicating the case). If you dont have a history of records, just be truthful that this is the first offense, now it is resolved completely, etc ....
Immigration attorney is upto you - But if you are getting one, make sure he knows the criminal angle to the immigration law, otherwise it is waste of time as lot of the immigration attorneys dont have that knowledge. I am going alone if called for interview.

Take a look at this thread:
http://boards.immigrationportal.com/...d.php?t=138444