N400 with DV arrest but disorderly conduct conviction

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N400pg

Registered Users (C)
Employment based green card on Aug 2002.

In 2003 got arrested for
1. Interference to 911
2. 5th degree domestic assult
3. Disoderly conduct.

We were really arguing loudly and I was asking for a separation for some time, my ex-wife got mad and went out telling me that she will teach me a very costly lesson.
Couple of hours later two police men came and arrested me , telling me that my wife has filed a complaint against me and police told me that they had seen a small red mark in her left arm resembles that someone hit her in arm over the cloth . I swear God I had not hit her.
I wanted to go to trial , but my criminal attorney after consulting with immigration attorney told me that that if DA dismissed first two charges I should plead guilty to Disorderly Conduct charge 'cause if based on the police report Judge/jury convict me on the DV charge , I will be deported ..

So I pleaded guilty on the disorderly conduct charge with 90 days sentence with 83 days stayed and 3 days credit during arrest and a weekend on jail and 250 fine with 1 year probation.

Now after 7 year I want to apply for my citizensive how do you think this will affect . I went to 3 top immigration lawyers in our city ; first person says there shouldn't be any problem AO will go by the conviction , 2nd person said 50/50 with very little chance of deportation , 3rd person said should be approved but if I am really unlucky and get some tuff female AO there is slight chance that it will be denied .

Now I am really confused, I really don’t know what to do.
Suppose I go ahead and file N400, is it a good idea to attach a short description of what happened ? One lawyer thinks I should only send the certified court disposition.
 
Last edited by a moderator:
The thing you need to worry about is whether it is a deportable offense. As long as it is not, there is no harm in applying. They are not going to revoke the green card. At max, you lose some time and a few dollars.

Yes, the AOs have to go by how the case was decided, not by charges filed. If they do not follow rules and are biased, you can appeal. It takes time, but you can put your point across.

However, if this is the only issue you have ... and absolutely nothing in the last 7 years, I think it looks positive on the whole.
 
N400pg said:
Now I am really confused, I really don’t know what to do.
Suppose I go ahead and file N400, is it a good idea to attach a short description of what happened ? One lawyer thinks I should only send the certified court disposition.
Click to expand...

You'll have to disclose the arrests and resulting conviction on the application. A disorderly conduct conviction that falls outside statutory period does not preclude you from demonstrating GMC. You should be fine unless there is something else in your history. Send a copy of court depositions with application and bring original/certified copies to interview.
 
Thanks for all the replies ..

I updated the OP .. I got my GC on Aug 2002 before the incident.

Also last 7 and half years .. I don't have any problem .. not even a speeding ticket.
 
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