Domestic violence case dismissed, questions remain.

[fizk]

My wife and I got our green cards through my employer in 10/15/2002, card expires on 10/15/2012. Recently I was involved in a domestic violence case, but the case was dismissed with no penalties. My questions are
1. Will it affect my citizenship application?
2. Can I file for my citizenship without a lawyer ? When can I apply for citizenship?
3. Can I travel abroad? What do I need to carry?

I hears different stories such as when I reenter U.S, they might pull me out to a different room, question me, ask me to reappear before immigration judge etc. As of now, my record is straight forward, except that I was arrested for domestic violence case (but I was found not guilty). I'm looking forward to a trip aborad, please advice.

Thanks in advance
FK

[pralay]

Originally Posted by fizk

I hears different stories such as when I reenter U.S, they might pull me out to a different room, question me, ask me to reappear before immigration judge etc.

Obtain a copy of court order (case dismissal order) and keep a copy of this document with you. If you are ever asked for the incident, just be honest. As the case was dismissed in court, it's very unlikely you are going to have problem. But never lie about your arrest (whether it's at POE or citizenship application).

[brb2]

Originally Posted by ****

In fact, even dismissed cases have to be listed on the N-400 for citizenship. It asks if you have been arrested, cited, etc.

****- I received a warning for a fused front headlight - the cop told me that it does not go in to your record and won't affect my insurance. I was told to get a new bulb, so it at the local police offfice and get the warning cancelled within a week. I did that - but did not keep a copy of the "warning".

1. Is the above called being "citied"?
2. Getting pulled over - is that "detained" or "arrested"?
3. Do I need to mention this in my citizenship application - in which case I guess I would need to go back to that police station and request a print out of my recrod?

[harvydonald]

definition of arrest from http://www.owjn.org/info/glossar2.htm

arrest: This is when the police detain someone, telling them they are not free to leave until further notice. Often, an arrest will take place at the same time as a person is charged with an offence, but not necessarily. The police can arrest someone and keep them in police custody for some time while deciding whether or not to lay a charge against them. If the police decide not to lay a charge, the person will be released.

The right to speak to a lawyer only exists from the time a person is charged. A person would not be fingerprinted or photographed until a charge had been laid.

so I'm assuming getting pulled over is not the same as arrested

[spartakus]

I got a warning ticket for a booster seat for my son few months back and I went a head and bought the booster seat, so do I need to do anything with that or go to the local DMV? The cop did not tell me anything about what to do with it and I am now worried that one of the posters here mentioned he went to the local police to cancel the warning. I am not sure what was the name for it if it was warning or warrant, anyway there was no fines or anything like that.

Thanks,
Spartakus

[AmericanWannabe]

For certain crimes, defitnion of conviction for immigration purpose
is wider than that for crminal purpose. A case can be dismissed
even after a guilty or no contest plea in soem program
called pre-trial intervention or deferred judgement whatever.
In the eyes of criminal court, the person is innocent.
But in teh eyes of USCIS, a guilty plea is equivalent to conviction
even no conviction is made in crminal courts

[pralay]

Originally Posted by AmericanWannabe

But in teh eyes of USCIS, a guilty plea is equivalent to conviction
even no conviction is made in crminal courts

Well, a guilty plea is equivalent to conviction, even in criminal court. Only difference is that by admitting the crime/misdemeanor (hence not "wasting" time for court and jury), one can get lesser sentence or probation. Bottomline, unless you are found innocent, you are in wrong side of law (whether it's through guilty plea or conviction).

[AmericanWannabe]

Originally Posted by pralay

Well, a guilty plea is equivalent to conviction, even in criminal court. Only difference is that by admitting the crime/misdemeanor (hence not "wasting" time for court and jury), one can get lesser sentence or probation. Bottomline, unless you are found innocent, you are in wrong side of law (whether it's through guilty plea or conviction).

In many courts, a guilty plea does not lead to conviction. Eventually judge
dismiss the case after say 6 month. If the case is dismissed, then there
is no conviction

[brb2]

Continuing on a traffic violation pullover by a cop (and no citation or charges filed)- I noticed that the N-400 application form asks have you "have you ever been detained, charged or cited by a law enforcement officer".

Is being pulled over for traffic violation same as "detained"??
thanks!

[AmericanWannabe]

Detained means you are deprived the freedom to move. So
in strict sense, if you are stopped by a cop for traffic violation,
then you are arrested or detained. But in pratical sense,
if the cop does not issue anything, just treat it as
if it never happens. I heard that is the
practice when answering similar questions
for government employment.

[thankful]

It is imperative to check out the appropriate state legal sections. Something that is not a conviction in the criminal justice system could well be considered a conviction under the INA. It is very easy for DV to fall under the aggravaged felony category. It is a very complicated matter and you should retain legal counsel to clear this up. Just do not completely trust information available on a chat room.

Best of luck to you.

[sviv]

I've been charged with domestic violence and was wondering if you could share little more information about your case. I was wondering in what state you were arrested for domestic violence. Was it for a felony or misdemeanor ? How were you able to get it dismissed.

Thanks,
sviv