485 - Domestic Violence Charges

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imusa485

New Member
Hi,
I had a fight with my wife in 2001 and I slapped her, but before that there were lots of shouting. Because of this one of the neighbours called 911 and I was taken to police station. Where they took my fingerprints and photograph. My wife did not put restraining order and I was released. I was not put in a cell or jail. And I was asked to appear in a county court.
The judge fined me $150 and asked to meet a marriage counselar. Which I did and submitted a letter in the court. They told me that if there will be no other complain related to same type for one year my records will be void ( or deleted, I am not sure). Since then there had been no such incidence.

Now it's time to file for I485, and I am not sure how this would impact my case. And what should I answer for question " Have you ever been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic vilation"

Because I was fined, I think I should answer "Yes", if I do that then it will be disclosed in my office. And what will happen if I answer "No"?

I'll Appreciate if anyone could send an advise.

Thanks in advance
 
imusa485 said:
Hi,
I had a fight with my wife in 2001 and I slapped her, but before that there were lots of shouting. Because of this one of the neighbours called 911 and I was taken to police station. Where they took my fingerprints and photograph. My wife did not put restraining order and I was released. I was not put in a cell or jail. And I was asked to appear in a county court.
The judge fined me $150 and asked to meet a marriage counselar. Which I did and submitted a letter in the court. They told me that if there will be no other complain related to same type for one year my records will be void ( or deleted, I am not sure). Since then there had been no such incidence.

Now it's time to file for I485, and I am not sure how this would impact my case. And what should I answer for question " Have you ever been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic vilation"

Because I was fined, I think I should answer "Yes", if I do that then it will be disclosed in my office. And what will happen if I answer "No"?

I'll Appreciate if anyone could send an advise.

Thanks in advance
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It was "yes" for both "arrested" and "fined". You should say "yes" on this question.
It's better to be truthful - because your arrest record can come up in FBI check. By saying "no" you can run into serious trouble - including I-485 denial and deportation.
There are people who got approved even though they had some arrest record for drunk driving, domestic violence or shoplifting. On the other hand, if you say "no" and USCIS finds it, your I-485 will be all set to be denied.

If you say "yes", it's very likely USCIS will call you interview before approval. Collect police report, court order, marriage counceling report handy for that purpose.
 
Last edited by a moderator:
Say Yes! FBI fingerprint will indicate that to CIS.

My attorney told me most times Misdemeanor charge of DV is not a problem. You will be scheduled for an interview. which state you at?

good luck.
 
I had a similiar situation, I was charged with interfering with the law , arrested , but not fingerprinted or charged. They dropped the charges eventually.
What I did for peace of mind and not **ck up any more, I went to the local SLED(Law enforcement agency) and got my police record(it was clean)
Went to the local courthouse and got a doc. from them which said I was cleared of all charges.Interesting to note that it was not computerised and was in a register. Luckily I found it there ,given the fact that they had completely botched up my name.
So, my advice will be , do the above and also attach whatever document you have which says the charges have been dropped/fine paid/etc.
 
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