Dismissed Domestic Violence Charges & 485 Application

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immigquestt

Member
Hi, I had a Domestic Violence case that got dismissed. I did not pay any fine nor did any community service. My case was dismissed in pre-trial. My attorney told me to do few anger management classes so that it would increase my chances of getting the case dismissed but he said the court did not ask me to do the classes.
Can you please let me know how this would impact my 485 application? Can I be deported for this? Am I at risk for deportation if I apply for 485? Thnx.
 
Get a copy of the dispostion from the court . IO will need it for their file . Should be able to go to the Courts clerk and pay a nominal fee for it .
 
Thanks Jbuff. In the state where I live, the disposition is in the Criminal Complaint itself. They don't provide any separate document for disposition. So I drafted a letter explaining the charges against me and the outcome of the case and took stamp/seal from the court. Would this drafted letter (with court seal/stamp) and Clerk's signature on it be enough?
 
immigquestt said:
Thanks Jbuff. In the state where I live, the disposition is in the Criminal Complaint itself. They don't provide any separate document for disposition. So I drafted a letter explaining the charges against me and the outcome of the case and took stamp/seal from the court. Would this drafted letter (with court seal/stamp) and Clerk's signature on it be enough?
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A document with a a court seal will be accepted .
 
Thanks Jbuff. Will me taking anger management class affect me during the interview? My attorney said court did not mandate or ask me to take the classes but we voluntarily did as it will increase my chances to get the case dismissed. Not sure if the IO will be able to see that I took anger management classes but my prosecutor knows this. I am worried if this will IO put me on deportation proceedings.
 
immigquestt said:
Thanks Jbuff. Will me taking anger management class affect me during the interview? My attorney said court did not mandate or ask me to take the classes but we voluntarily did as it will increase my chances to get the case dismissed. Not sure if the IO will be able to see that I took anger management classes but my prosecutor knows this. I am worried if this will IO put me on deportation proceedings.
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You were”nt found guilty . Thats the most important thing . You taking anger management will not affect anything . Especially seeing that you did it on your own and not by a court order . People take anger management for personal reasons all the time so i wouldnt worry about that if i were you
 
Thanks Jbuff. Sorry for replying late.
I did not take the anger management classes on my own.
My attorney made me do it and he told the prosecutor that I took the anger management classes.
When I asked for the reason why my case got dismissed my attorney said it's because the prosecutor was satisfied that I took anger management classes and also my wife did not want to continue this case.
On another email he said it was dismissed due to lack of evidence.
Sorry for lengthy message.

My prosecutor knows I took anger management classes but per my attorney court did not mandate the anger management class.

Hope this won't be an issue.

Pls. let me know when you get a chance.
 
immigquestt said:
Thanks Jbuff. Sorry for replying late.
I did not take the anger management classes on my own.
My attorney made me do it and he told the prosecutor that I took the anger management classes.
When I asked for the reason why my case got dismissed my attorney said it's because the prosecutor was satisfied that I took anger management classes and also my wife did not want to continue this case.
On another email he said it was dismissed due to lack of evidence.
Sorry for lengthy message.

My prosecutor knows I took anger management classes but per my attorney court did not mandate the anger management class.

Hope this won't be an issue.

Pls. let me know when you get a chance.
Click to expand...
Your case was dismissed, nothing to worry about . List the arrest , walk with with the document you have stating the case was dismissed and you'll be fine...
 
@immigquestt - Looks like your defence attorney has got you a pre trial diversion. These are Contract between Defense and prosecutors where case will be dismissed after completion of certain condition/ Probation/ Classes. Court or Judge is not part of such contract. They can only entertain having pre trial resolution but have no power enforce any condition on the process, while Prosecutors do. So ask your defense attorney, if there were any such contract ? if yes , where you required to admit guilt to get the case dismissed.
 
If you were not formally found guilty or plead guilty then there is no conviction in Criminal and Immigration law so you should be good
 
Did you file for 485 yet? Any updates? Please let me know. I'm in a similar situation. If you don't mind sharing your email please shoot me an email at xxxxxxxx so we can discuss off here.

Thank you
 
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