Applying for 485/AOS with previously Dismissed Domestic Violence Charge

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immigquestt

Member
Hello, I was arrested on Domestic Violence Charges and my case was dismissed. I see that when filing I-485 it is asking for questions about arrest, charges etc. I understand I have to say Yes.

I am going through a stressful time thinking about the consequence of applying for I-485 with a dismissed DV charge in the past.

1) Is it advisable to not apply for I-485 and continue to stay on Visa?
2) Is there a chance that my I-485 could be denied even if I present the disposition letter that states my case was dismissed?
3) Do I have high likelihood to face deportation due to this issue?
4) Or can they just deny my I-485 and I can work on my Visa or could my Visa be revoked as well?
5) What kind of documents should I submit in my I-485 applications? Just the final disposition letter or should I include the charge document as well?

Any inputs on this will be very very helpful. Thanks a bunch in advance.
 
Depending on the charge. DV misdemeanor CONVICTION risk triggering DV deportation and or CIMT inadmissiblity. So it is vital to understand if your case satisfy any of the sub conditions that can make you deported/ inadmissible. For e.g DV - simple assualt doesn't qualify for DV grounds of deportation or CIMT inadmissiblity where as DV - 3rd degree assault qualifies for DV deportation even the defendant qualifies for petty offence exception to overcome CIMT petty offense.

In your case, how was the case dismissed ? Pre trial ? No evidence to prosecute ?
 
It's simple Assault and/or Battery. also disorderly conduct. I was not convicted. it was dismissed in pre-trial. Where can I see the 'degree' ? I see it as 'M'. but not 1st, 2nd or 3rd.
 
Different State law have different legislative definitions and penalties so talk to a Immigration lawyer about your charges and they may be able to guide you through in determining which category your charges falls under. Again, if there is no conviction under immigration law then you don't need to worry
 
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