Domestic violence charges dismmissed

[ABARRERA24]

Hello, I have recently applied for citizenship. Back in 2007 I was charged with 3 counts of domestic violence. I pleaded not guilty since I was attacked by the alleged victim who was intoxicated at the time of the incident (I was not). Long story short, I ended up being arrested because the police officers at the scene believed her story. The public defender assigned to my case realized that I had been wrongfully arrested and charged when he saw the injuries in my face caused by the alleged victim and the fact that the police report specified that I was sober and she was intoxicated when I was arrested, helped me a ton. Anyways, I could've gone to trial and possibly have won but I did not want to risk being convicted. Against my lawyer's advice, I took the D.A.'s offer and was convicted on a disturbing the peace charge, the domestic violence charges were DISMISSED and I had to complete a 52 session domestic violence program. My question is: WILL I BE DENIED CITIZENSHIP, EVEN THOUGH, I WAS NOT CONVICTED? Thanks everybody, I'm really glad that I found this site.

 

[BigJoe5]

In most states (if not all) a single "disturbing the peace" is no reason to worry. This should not prevent you from filing as soon as eligible. Include the court papers AND the detailed Police Report with the N-400. Provided that you had good compliance with the sessions, USCIS cannot hold any "probationary period" against you for what you have described.

 

[lliittlloo]

I had promised myself that I would do this if I got my Green Card. So this is just me fulfilling my duty and my promise to myself.

A few years back I got arrested, in San Francisco, while I was (allegedly) trying to solicit a prostitute. The city of San Francisco offers a program called FOPP (First offenders Prostitution Program) by which you are not prosecuted and in lieu of a court case and possible conviction you are offered a class for a day. I took that class and I was not convicted. I would like to share my experience for the benefit of folks who might be in similar situations. Read on, I have some good news for you.

1. I have got my green card despite my arrest record
2. I got my h1 renewed (this is before I got my GC) and I traveled in and out of the country often
If you are in my situation I have the following advice:

1. If you’ve been arrested and if you’ve been offered to take a class in lieu of prosecution that does not mean that the arrest record is off your record. For all practical purposes and especially for immigration matter if you’re asked the question “have you ever been arrested” the answer is YES.
2. As a follow up from the above point you must ALWAYS speak the truth to immigration officers. They usually know more about you than you may feel and the worst mistake you can make is by lying. Don’t try to make stories; just speak the truth.
3. If you have an arrest record and are applying for your H1 renewal then do not worry. If you speak the truth and have documents of your case being discharged then you will be fine and you will (most probably) get your visa. Again, Immigration is a funny matter and weird things can happen. But just the fact that you’ve been arrested is not grounds for not giving you a visa.
4. If you’re applying for your GC with an arrest record, again do not panic. If you’ve not been convicted then make sure you have all the paperwork regarding you arrest. The only document that you really need is a notice of discharge from the court that has jurisdiction over your matter. If you were convicted then too you may have a chance. The nature of your crime become relevant and the duration of your sentence becomes relevant. There is a ‘petty offence’ exclusion (google it) and then there are laws on what crimes matter and what don’t.

Write to me if you have any questions and good luck.