Citizenship application filed just before assault charges

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ndhelp

Registered Users (C)
Me and my husband got into an heated argument which led me to say nasty things and my husband reacted with a slap on my face. I got very angry and in that unstable state of mind just dialed 911 without much thinking. It was too late to realize my mistake. The police arrived so soon, took a statement to which both of us admitted, and next thing they arrested my husband on a second degree assault charge. He was realeased the same day on bail and now we have to wait till the trial date which is in another 3 weeks. Meanwhile, my husband had applied for citizenship just a little before this unfortunate event. He recieved his fingerprinting notice which is scheduled in 2 weeks.

looking for advice on our situation-
1. we have a lawyer who deals with criminal cases. He said that my husband's case is likely to be dropped based on spousal privilege which will be invoked by me. This lawyer is NOT an immigration lawyer. given that now we are also facing this citizenship app issue, is there something we should do before we go to the trial
2. do you think we should request a postponing of fingerprinting since our trial is 3 weeks. would that help at all? that is if the case indeed gets dropped.
any advice, suggestions at this point are appreciated. My husband has a clean history and I feel my rash decision of involving authorities in our domestic matters has created a BIG mess. I am now trying everything to get us out of this and get back to our normal life.
PLease help!
 
ndhelp said:
1. we have a lawyer who deals with criminal cases. He said that my husband's case is likely to be dropped based on spousal privilege which will be invoked by me. This lawyer is NOT an immigration lawyer. given that now we are also facing this citizenship app issue, is there something we should do before we go to the trial
Click to expand...

Tell your lawyer that for immigration purpose, plead gulty, deferred judgement is equivalent to conviction. and DV is potententially a
deportable offense.

ndhelp said:
2. do you think we should request a postponing of fingerprinting since our trial is 3 weeks. would that help at all? that is if the case indeed gets dropped
Click to expand...

Are your husband fingerprinted when he was taken in by teh policie?
Do you want FBI FP check to include this incidence or not? Remmeber whether it has it or not, your husband will still have to disclose it during the interview. But if you want to FBI FP not to have thsi incidence, maybe it is better to do your FP as soon as possible before the local police
send FP to FBI database. I think whether the local police send in
the fingerprinting to FBI does not depend on final disposition in court.
The police arrest people, send evidence to DA and perhaps send FP to FBI and their job is done.
 
^ I thought in the DV cases even if the spouse drops the charges the city/state wouldn't or does that differ from state 2 state??
 
JohnZ07 said:
^ I thought in the DV cases even if the spouse drops the charges the city/state wouldn't or does that differ from state 2 state??
Click to expand...

In correct terminology, the spouse can not drop charges. But the spouse
can sometimes refuse to be a witness or even subpena to be a witness will
testify not strongly, the prosecutor either see there is no witnesss or predict
the spouse testament is not strong enough to convict the defendant so they
don't want to waste time and thus drop the charges. But in some places,
just because of these, the DA can even be more motivated to pursue the case if
the spouse want the charge to be dropped. Many local women group
claim many offenders got away because spouses do not cooperate and that is bad.
They pressure the DA to ignore what ever the victim think. To put it simple,
many DA may hate that a spouse report DV and then want to charge dropped.
 
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