Applied for citizenship and charged with Family Violence

#1
Please help:

I came to US in 2004 and I got my GC in Oct 2013 for 10 years. I have applied my citizenship in Aug 2018 and got bio metrics done in Sep 2018. On Dec 2018 an unfortunate incident happened me and my wife had an argument and she called the police. Police came and arrested me and took me to Jail. They charged me with family violence charge Misdemeanor class A. The maximum punishment for conviction is upto 1 year in jail. I got released the next day and was issue with Emergency protected order or ex parte protective order for 30 days. I never got into any trouble before. I am awaiting my citizenship interview date. I have hired a criminal lawyer for my case and it is pending. My case is in TX.

Questions:

1. What are my options for the pleas in this case so that it doesn't impact immigration for citizenship. If it get dismissed then it is best..if not then what other options i have like PTI pre trail intervention programs or deferred prosecution? what options can i accept so that it is not considered as conviction for immigration?

2. The Temporary Ex parte protective order does it have any impact on my immigration for citizenship?

3. Do in need to inform uscis about this incident or will the immigration officer will know?

4. If i go for the citizenship interview with case pending then can it be problem for me can they deny my application or deport me?

5. How can i make sure that i get through the citizenship process clean without any problems..what can you suggest what steps to take?

6. In texas the pre trail diversion program is in DA's office and not in front of judge so will that be ok for immigration or not?
 

1AurCitizen

Registered Users (C)
#2
The charges suggest something more than a mere argument. Was violence/battery involved, seeing that you were hauled to jail?

The n400 application is in jeopardy owing to the CIMT clause. You need to, first and foremost, deal with the charges in Court.
 

SusieQQQ

Well-Known Member
#3
Number 5 is easy, don't hit your wife. An “unfortunate incident” is, say, a storm blowing a tree over onto your car. Take responsibility for your actions.

Agree with 1aurcitizen, more info needed, your n400 may be in jeopardy.
 

whitemimauz3

Registered Users (C)
#4
Have your criminal attorney explain adverse impact of conviction on pending N-400 to prosecutor & request them to reduce charges. Of course you need to disclose & take with you police charging document & court case outcome when you go for N-400 interview.
 
#5
Have your criminal attorney explain adverse impact of conviction on pending N-400 to prosecutor & request them to reduce charges. Of course you need to disclose & take with you police charging document & court case outcome when you go for N-400 interview.
HI Whitemimauz3, Thanks for replying

Yes i told my criminal attorney to talk to prosecutor and tell him all this impact on my citizenship and i am even having immigration attorney write a letter for explaining this. What reduce charges can i accept if you know that will not impact my N400 naturalization application..What dispositions can i accept if you can please tell me? Thanks for all your help appreciate it.
 
#6
Have your criminal attorney explain adverse impact of conviction on pending N-400 to prosecutor & request them to reduce charges. Of course you need to disclose & take with you police charging document & court case outcome when you go for N-400 interview.
HI Whitemimauz3, Thanks for replying

Yes i told my criminal attorney to talk to prosecutor and tell him all this impact on my citizenship and i am even having immigration attorney write a letter for explaining this. What reduce charges can i accept if you know that will not impact my N400 naturalization application..What dispositions can i accept if you can please tell me? Thanks for all your help appreciate it.
 
#7
The charges suggest something more than a mere argument. Was violence/battery involved, seeing that you were hauled to jail?

The n400 application is in jeopardy owing to the CIMT clause. You need to, first and foremost, deal with the charges in Court.
The affidavite of probable cause say that i pushed her and twisted her arm..Do you know what dispositions can i accept in my case so that it doesn't impact my citizenship application? I know straight dismissal is the best but what else ?
 
#9
To make a long story short. You won't get an n400 approval with a pending case.

You won't get deported for that. So don't worry too much about that.
Based on what you said just from the brief explanation the charge falls under Domestic violence.

IN ORDER FOR USCIS to give you an approval they will require the case to be over and you have the disposition. Which you can't have "until the case is over"

As far as telling them about the charge.
Do yourself the favor and tell them because they will have already known about it.

I was in a similar situation. Got arrested 2 weeks before my interview. People told. Me. To keep. My mouth shut abt the arrest as I already did the biometrics. The officer asked me if I was arrested after the biometrics I told her yes. She chuckled and said yes I can see that here and turned her computer screen and showed me.

So like I said. Do tell them
 
#10
If you have an immigration attorney he knows what do. Let both immigration & criminal attorney coordinate
No immigration attorney or criminal attorney can help him in this case. I. Mean they can give advice as to tell him he won't get approved. That's about it!!
But hearing these things from a professional usually puts ones mind at ease than hearing it from a regular Joe I suppose. So yes Do speak to an attorney!!
 

1AurCitizen

Registered Users (C)
#11
The affidavite of probable cause say that i pushed her and twisted her arm..Do you know what dispositions can i accept in my case so that it doesn't impact my citizenship application? I know straight dismissal is the best but what else ?
I think you need to put the citizenship issue on the back-burner and work on your criminal case. You ain't gonna be a US citizen with domestic violence charge hanging over your shoulder. Perhaps marriage counseling should be part of the mix too. US citizenship could wait a few years.

The US doesn't need guys who beat up wives and such folks should be forced to exit the US after serving time, but that's just my personal opinion.
 
#12
To make a long story short. You won't get an n400 approval with a pending case.

You won't get deported for that. So don't worry too much about that.
Based on what you said just from the brief explanation the charge falls under Domestic violence.

IN ORDER FOR USCIS to give you an approval they will require the case to be over and you have the disposition. Which you can't have "until the case is over"

As far as telling them about the charge.
Do yourself the favor and tell them because they will have already known about it.

I was in a similar situation. Got arrested 2 weeks before my interview. People told. Me. To keep. My mouth shut abt the arrest as I already did the biometrics. The officer asked me if I was arrested after the biometrics I told her yes. She chuckled and said yes I can see that here and turned her computer screen and showed me.

So like I said. Do tell them
Thanks so much for the answer Jbuff..

As you said you were in the similar position was it the domestic violence charge? Were you able to get citizenship? Any particular questions immigration officer asked you about the arrest? what is the best way to answer any questions related to arrest or charge just for me to know how should i handle it?

In domestic violence charge what dispositions are acceptable for immigration purposes? If we can't get it dismissed. Also do you know if they look at the reason for dismissal as well to make the decision? if yes then what reasons are acceptable for dismissal?

Please help me with these questions..thanks
 
#13
Thanks so much for the answer Jbuff..

As you said you were in the similar position was it the domestic violence charge? Were you able to get citizenship? Any particular questions immigration officer asked you about the arrest? what is the best way to answer any questions related to arrest or charge just for me to know how should i handle it?

In domestic violence charge what dispositions are acceptable for immigration purposes? If we can't get it dismissed. Also do you know if they look at the reason for dismissal as well to make the decision? if yes then what reasons are acceptable for dismissal?

Please help me with these questions..thanks
A Disposition just states your charges and the outcome of the case . You cant control what it says.

Yes i was able to get citizenship .had to re apply . No it wasnt for Domestic Violence .The IO was nice enough to give me 30 days on 2 separate occassions to get the disposition of the case . Unfotunately we dont control how long matters take in court and i wasnt able to get the required document and ultimately denied .

You applied in august .....did biometrics in september... hopefully your interview doesnt get called for another 6 months or so. Gives Your criminal matter time to be over with if you have a lawyer. Lawyers know how to get the courts not to drag their feet. Fyi a diversion programme is admitting guilt in the eyes of immigration . Im no lawyer so you might want to get legal advice from an immigration attorney.
 
#14
OP-
1. I think you're really gung-ho about clearing your name off the criminal case to avoid it affecting your n400. Your priorities are misplaced.

2. You are charged with criminally battering your wife. You appear to be ignoring advice about dealing with more pressing matters by cherry-picking which posts you respond to.

3. None of those contributing to this thread are lawyers. You need a lawyer. Suggest you get offline and grab a telephone. This is not a DIY. Your n400 is in serious jeopardy, a fact you seem to not grab. Forger US citizenship for a while. You're unlikely to get it this go-around.

4. "what is the best way to answer any questions related to the arrest or charges".. answer truthfully. Only you know the truth.

5. And never hit your wife again. Work on your domestic issues.
 
#15
OP-
1. I think you're really gung-ho about clearing your name off the criminal case to avoid it affecting your n400. Your priorities are misplaced.

2. You are charged with criminally battering your wife. You appear to be ignoring advice about dealing with more pressing matters by cherry-picking which posts you respond to.

3. None of those contributing to this thread are lawyers. You need a lawyer. Suggest you get offline and grab a telephone. This is not a DIY. Your n400 is in serious jeopardy, a fact you seem to not grab. Forger US citizenship for a while. You're unlikely to get it this go-around.

4. "what is the best way to answer any questions related to the arrest or charges".. answer truthfully. Only you know the truth.

5. And never hit your wife again. Work on your domestic issues.
Hi, Yes i already have a criminal lawyer for this case and i am talking to the immigration lawyers as well. I am looking for suggestions for someone who has gone through this situation and can guide me..thanks
 
#16
A Disposition just states your charges and the outcome of the case . You cant control what it says.

Yes i was able to get citizenship .had to re apply . No it wasnt for Domestic Violence .The IO was nice enough to give me 30 days on 2 separate occassions to get the disposition of the case . Unfotunately we dont control how long matters take in court and i wasnt able to get the required document and ultimately denied .

You applied in august .....did biometrics in september... hopefully your interview doesnt get called for another 6 months or so. Gives Your criminal matter time to be over with if you have a lawyer. Lawyers know how to get the courts not to drag their feet. Fyi a diversion programme is admitting guilt in the eyes of immigration . Im no lawyer so you might want to get legal advice from an immigration attorney.
Hi Thanks Jbuff

Yes i heard the same thing that Pre trial diversion might not be right..put some attorney said there is a way of not admitting a guild in PTI..i have a criminal lawyer and i told him about my situation but he never dealt with anyone on GC before that's why i am looking for help here..i hope i dont get my interview for another 6 months..thanks a lot..if you can give any other suggestions i will really appreciate..
 
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