US Citizenship VS Assault w/ Bodily Injured Dismissed case...

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tweetyshaoi

Registered Users (C)
Im confused. My husband had a fight with his bro last year and he kicked him because he was pissed:D; to make the story short, he spent one night in jail and was sentenced to enroll to anger management classes etc. It was just this January or Feb when he received his final disposition papers and the case was dismissed.

Last month was his 5th year in the US (he is from the philippines and I am too!) and he is now planning to apply for his citizenship but he is too frightened to do this. He said he wants to apply for expunction first. As I read some forums and from other websites... his case is not that bad. I mean, his case is considered as Assault Class A, and his case is dismissed already. Im afraid that he will spend more money again because of this.

Can you please advise me...:(
 
WBH said:
Did he plead guilty?
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Oh, it didnt say in the final dispo paper he received. Case dismissed it says. Let us say his guilty because he did kick his bro.... he already enrolled in the classes.. done with the 6mo probationary... so, is it now safe to apply for his citizenship?
 
He still has to declare on the N400 no matter whether his record is expunged or not or his case is dismissed or not dismissed because he was arrested and spent time in the jail. I think it doesn't mean his application for US citizenship is rejected, but he should go for an attorney. Wait for answers of Bobsymth who is an expert on this.
 
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tweetyshaoi said:
Im confused. My husband had a fight with his bro last year and he kicked him because he was pissed:D; to make the story short, he spent one night in jail and was sentenced to enroll to anger management classes etc. It was just this January or Feb when he received his final disposition papers and the case was dismissed.

Last month was his 5th year in the US (he is from the philippines and I am too!) and he is now planning to apply for his citizenship but he is too frightened to do this. He said he wants to apply for expunction first. As I read some forums and from other websites... his case is not that bad. I mean, his case is considered as Assault Class A, and his case is dismissed already. Im afraid that he will spend more money again because of this.

Can you please advise me...:(
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If he was sentenced to anger management, it must have involved him in pleading guilty or no contest and therefore is a conviction for immigration purposes. You wouldn't get sentenced if you were found and plead not guilty. Whether he can apply or wait later really depends on the exact charge since some assaults are considered crimes involving moral turpitude, and some aren't. For example, simple assault class a misdemeanor is not considered CIMT.
Your husband needs to consult a good immigration lawyer to go over the charges and facts of his case. Without knowing the exact charge and specifics of his case, there isn't much else we can tell you on this forum.
 
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I am so afraid that I wont be able to see him again... it's been 5 years since I saw him.

I will ask him more details and post it here.

Thanks.
 
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