Should the 5-yr GMC statutory period be calculated from the dismissal day?

ricke

New Member
#1
I have an arrest about 5+ years ago which was dismissed due to lack of evidence to prove the charge against me, no plea, no diversion involved. But the dismissal date was one year later, which means the dismissal happened less than 5 years from now. I am not sure if it is OK for me to apply for naturalization at this time. Am I satisfied the 5-year GMC statutory period? Some lawyers told me i will be fine, while some lawyers told me I have to wait for a bit longer so that the dismissal falls outside the statutory period. i am a bit confused.
 
#2
It depends. Was it a crime of moral turpitude? If you can disclose, that would help, as just saying you were arrested, is too vague to give an opinion.
 

ricke

New Member
#3
It was a "domestic assault" charge. Arrested, charged, but then dismissed due to lack of evidence, and expunged. No plea, no any sort of program entered. The arrest date was 5+ years ago, but the dismissal date was 4+ yrs.
 
#4
I am not familiar with how domestic assault is classified and if it's deemed to be a "crime of moral turpitude" (maybe someone else could weigh in here). However, I can give you my opinion and that's all it is. I can see why there is a mixed comment from your legal advice you've received as I would think any assault and in particular, domestic assault is serious. You were arrested, which is a fact and it was dismissed, so there is some leeway for interpretation. My view, to be safe, is you've waited 4 years, why not wait 1 more? If you can't and want to apply, seeing it was dismissed, will probably be in your favor <--- just my opinion.
 

Jbuff

Active Member
#5
If it was dismissed. Waiting it out the 5yr time period is unnecessary. Just disclose the arrest and walk with the Disposition. Or The Final Order of Expungement. USCIS Will need an original copy for their records.
 

Jbuff

Active Member
#6
I am not familiar with how domestic assault is classified and if it's deemed to be a "crime of moral turpitude" (maybe someone else could weigh in here). However, I can give you my opinion and that's all it is. I can see why there is a mixed comment from your legal advice you've received as I would think any assault and in particular, domestic assault is serious. You were arrested, which is a fact and it was dismissed, so there is some leeway for interpretation. My view, to be safe, is you've waited 4 years, why not wait 1 more? If you can't and want to apply, seeing it was dismissed, will probably be in your favor <--- just my opinion.
If he was found guilty.waiting minimum 5 years would be absolutely necessary But seeing that it was dismissed. He just needs to disclose the arrest. Walk with necessary paperwork as USCIS will need it for their file.
 
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