Submitted my N-400 2 weeks ago - arrested for DV this past weekend - biometrics appointment next weekend - HELP

[john_az85]

Hi Guys!

I've submitted my N-400 two weeks ago since I'm already within 90 days of my 3 year marriage, but sadly this weekend we had an argument at home and cops were called and I ended up arrested for DV (misdemeanor 1); my wife paid my bond so I got out. She's not pressing any charges or anything since it was just a misunderstanding, but in AZ the state is still required to pursue - I have my arraignment hearing this week and I've already hired a criminal lawyer to help me dismiss my case.

My problem is that I've already received my biometrics appointment for the N-400 and it's scheduled for 11/30 - My lawyer said that if I want these charges dropped, more than likely will take longer than that to conclude the whole process.

What should I do? I do not want to go to my biometrics because if they fingerprint me they'll find out about this pending charges.

Q1: Should I withdraw my application?

Q2: Are there any consequences if you withdraw your N-400 application?

Q3: Would this charge affect my permanent GC? I haven't even received my permanent GC since they've been very busy so all they keep sending me are I-797 extending my temporary GC (the card expired in 2017, but my I-797 letter goes through 7/19).

I sincerely appreciate your prompt responses.

 

[Jbuff]

Do not withdraw your application.

Go to your biometrics appointment .

Most people are seeing atleast 9 months to 1 year wait time for n400 process.

If case is over by the day of your interview. Have court disposition in hand . You will need it .

Disclose arrest to IO as it wont be on your application seeing it happened after you filed your application but they will definitely see it .

Even if case isnt over at time of interview they will give you some time . To get the court disposition. In my experience 30 days . Dont know if that timeline has been extended or reduced.

Either way with that charge you should be fine . GL

 

[john_az85]

Do not withdraw your application.

Go to your biometrics appointment .

Most people are seeing atleast 9 months to 1 year wait time for n400 process.

If case is over by the day of your interview. Have court disposition in hand . You will need it .

Disclose arrest to IO as it wont be on your application seeing it happened after you filed your application but they will definitely see it .

Even if case isnt over at time of interview they will give you some time . To get the court disposition. In my experience 30 days . Dont know if that timeline has been extended or reduced.

Either way with that charge you should be fine . GL

Thanks. It was my understanding that any domestic violence charges in your records it was a fast pass to DEPORTABLE status and thus a charge like this wasn't ok?

 

[Jbuff]

Thanks. It was my understanding that any domestic violence charges in your records it was a fast pass to DEPORTABLE status and thus a charge like this wasn't ok?

No its not you'll be fine.

If $$ isn't an issue consult with an immigration attorney. If it will put your mind at ease.

 

[john_az85]

isn't DV categorized as a CIMT and therefore you become DEPORTABLE?

 

[Jbuff]

isn't DV categorized as a CIMT and therefore you become DEPORTABLE?

I don't know what else to tell you buddy I answered your question twice.
Your case isn't even over

Eg DV falls under many other charges only reason it's considered DV because it concerns lovers.. Family etc. I'll take a guess correct me if I'm wrong. You were charged with simple assault.

Unless you had beat your wife to a bloody pulp. Charges would reflect that and it's safe to say she wouldn't have been there to bail you out.

How long have you lived in the US?

 

[john_az85]

I don't know what else to tell you buddy I answered your question twice.
Your case isn't even over

Eg DV falls under many other charges only reason it's considered DV because it concerns lovers.. Family etc. I'll take a guess correct me if I'm wrong. You were charged with simple assault.

Unless you had beat your wife to a bloody pulp. Charges would reflect that and it's safe to say she wouldn't have been there to bail you out.

How long have you lived in the US?

Yes, assault. And lol no, no blood. Huge misunderstanding (I was the stupid one who called the cops).

I've been here since 2011. With L1B, then switched to H1B in 2013, got married in 2015 and switched to GC - and now N-400.

No other crimes/arrest since 2011 except for this one in 11/2018.

 

[Jbuff]

Yes, assault. And lol no, no blood. Huge misunderstanding (I was the stupid one who called the cops).

I've been here since 2011. With L1B, then switched to H1B in 2013, got married in 2015 and switched to GC - and now N-400.

No other crimes/arrest since 2011 except for this one in 11/2018.

As long as youre not found guilty in the first 5 years of being legally admitted dv charge isn't going to get you deported. Especially not a simple assault.
That's not considered a felony. Just go to court and see your case thru. As well as Your N400. You'll be fine. Just make sure you come back to the site and update us. So in return you can help someone in the future. GL

I r emember as a kid my aunt and uncle had a big argument he called the cops. When they came ultimately they had him leave the house. I was confused as he was the one who called.

Take this as a lesson of living in the Great America..

 

[john_az85]

As long as youre not found guilty in the first 5 years of being legally admitted dv charge isn't going to get you deported. Especially not a simple assault.

Is it the first 5 years from when I applied for my green-card (i.e. 2015) or from when I entered with my L1B visa (i.e. 2011)?

 

[Jbuff]

Is it the first 5 years from when I applied for my green-card (i.e. 2015) or from when I entered with my L1B visa (i.e. 2011)?

When you Legally entered the U.S., In your case 2011 would be correct. Like I said I'm no lawyer . Perfectly normal to worry but Don't lose any sleep over this. Especially if you and your wife are on good terms again . She's going to go to court with you speak to the prosecutor and case will either be out right dismissed or Have you agree to counseling or anger management . Go back with proof that you completed it then he would dismiss it. The state can and will prosecute you even if your wife doesn't want too , but guess what ? They need her help to do it . It's practically impossible for them to without her . So when the victim "states witness" is reluctant to pursue.cases are handled differently. Especially seeing that no one was seriously hurt physical. Also this is your first run in with the law. You don't have a history as some sort of repeat offender/trouble maker .

Back to your Immigration. Only a guilty veridict would affect you , even then you won't get deported . As the facts are looked at. E.g. the police report has your wife had bruises and marks on her face . Based off of what you said. That didn't happen .