Does my case qualify for deoprtation

J

jigsaw

Registered Users (C)
Hello Guys
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

Much thanks in advance
 
jigsaw said:
Hello Guys
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

Many thanks in advance
Click to expand...

So Its only an arrest. No charges pressed by city for DV and no admission of guilt and no finding by court of violation of no contact order. Could the IO still deny my application.
 
jigsaw said:
So Its only an arrest. No charges pressed by city for DV and no admission of guilt and no finding by court of violation of no contact order. Could the IO still deny my application.
Click to expand...

Possible. I think USCIS has kept 'Moral Character' wide open for interpretation by the IO on purpose.
Also, as the case was dismissed without prejudice, you won't be totally in the clear until the statute of limitations expires for the crimes for which you were arrested. (Dismissal WITH prejudice would have cleared you immediately).
 
GungaDin said:
Possible. I think USCIS has kept 'Moral Character' wide open for interpretation by the IO on purpose.
Also, as the case was dismissed without prejudice, you won't be totally in the clear until the statute of limitations expires for the crimes for which you were arrested. (Dismissal WITH prejudice would have cleared you immediately).
Click to expand...

Thanks GungaDin

You must have read my post completely. In the case of VIOLATION OF NO CONTACT ORDER the court docket says "COURT FINDS PROBABLE CAUSE". But under the heading it says" DISMISSED W/O PREJUDICE." Also the law for protection order violation says that "If the court FINDS that the violation has occurred then it is the ground for deportation". Do you think that "COURT FINDS PROBABLE CAUSE" can cause problems for me. The FINDING of the case was dismissed w/o prejudice.
Thanks in advance
 
jigsaw said:
Thanks GungaDin

You must have read my post completely. In the case of VIOLATION OF NO CONTACT ORDER the court docket says "COURT FINDS PROBABLE CAUSE". But under the heading it says" DISMISSED W/O PREJUDICE." Also the law for protection order violation says that "If the court FINDS that the violation has occurred then it is the ground for deportation". Do you think that "COURT FINDS PROBABLE CAUSE" can cause problems for me. The FINDING of the case was dismissed w/o prejudice.
Thanks in advance
Click to expand...

Better consult an immigration lawers who have handled the same or similar case. No one here knows for sure
unless he himself has experienced teh same thing.

Finally, even lawyers opinion are not that reliable and subject to certain chanve of being totally wrong.
Only way to find out is to applly but unfortunately that result , if bad, is real life result rather than experi,mental result
 
jigsaw said:
Thanks GungaDin

You must have read my post completely. In the case of VIOLATION OF NO CONTACT ORDER the court docket says "COURT FINDS PROBABLE CAUSE". But under the heading it says" DISMISSED W/O PREJUDICE." Also the law for protection order violation says that "If the court FINDS that the violation has occurred then it is the ground for deportation". Do you think that "COURT FINDS PROBABLE CAUSE" can cause problems for me. The FINDING of the case was dismissed w/o prejudice.
Thanks in advance
Click to expand...

In addition, there are two things here - one is for deportation and the other is for citizenship. Usually teh first one must be resolved before the second one is considered. but good moral character for citizenship may be viewed differently from
deportation. For deportation, convictions (this include conviction and other disposition considered to be conviction by USCIS)
is suually pre-condition. But for establishing good moral charactrer for citizenship, conviction may not be a pre-condition
for denial
 
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