heysanjeev
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Need help from folks that have direct or indirect experience with a similar situation in California.
I was arrested on DV charges, and ultimately pled guilty to a 415.2 (Disturbing the Peace) Misdemeanor charge. Here is the specific charge:
415. Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine:
(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
My actual sentence was to attend 32-hours of anger management classes and paying a fine of $130 - both of which have been completed. There was no probation - so the case has concluded last month. Even though the actual conviction does not read like a DV, it "originated" from DV charges. The original statement from the alleged victim is, of course, scary - but my statements indicate that it was a simple domestic argument with no violence.
I have been on GC for about 7 years now, and do not have any other criminal history (barring minor traffic tickets). I am planning to apply for naturalization now. My questions are:
(a) I have received conflicting advice (from immigration lawyers) on whether my citizenship application is likely to be approved if I apply now, wait for 1 year, or wait for 5 years. Does anyone have any direct experience/advice on this?
(b) Will taking an immigration attorney along for the interview help? I am assuming that the IO will still ask the same questions from me - so what is the role of an attorney?
(c) when I was arrested my fingerprints were also sent to the DNA databank as well as FBI (they usually only need this for felons). I can get them cleared up, but it takes almost a year. This match from the databank will obviously show up for my N400 processing, but can it harm any more than a delay?
(d) If I do apply for an N400 now, and assuming it gets denied - does that leave me in any worse position for future reapplying than if I just hadn't applied now? Apart from the $680, I mean.
(e) Will a record-clearance/expungement help my case in any way?
Any practical guidance will be much appreciated.
Thanks!
The arrest in question happenned a couple of days after my N400 post that you pointed out. As a result, I had to abandon that application until the criminal case was settled. So I am now planning to reapply, and thats what the current question is about.