QUESTION

Can I still apply for my citizenship or are there any chances that I can be deported after a battery charge?

Asked on Sep 21st, 2013 on Immigration - Michigan
More details to this question:
I got a battery against a household member charge that was dismissed by a prosecutor in 2004.
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6 ANSWERS

Charge is not a conviction; if the charges were dropped, USCIS cannot be use them as basis for deportation. That's the law. Nevertheless, at minimum, you will be given a hard time answering all sorts of questions about that episode. Chances are that USCIS will claim that, even though you were not convicted, your arrest record puts in question your "good moral character". Since only the events of the 10 years immediately preceding the date of the application are considered, you might want to postpone filing your naturalization application until after the 10th anniversary of the date when the charges against you were dropped.
Answered on Sep 27th, 2013 at 3:56 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. If the case was dismissed without you having plead guilty prior to the dismissal, you should be fine. However, if you went through a diversion program prior to the dismissal, you may have a problem. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options. Be sure to bring copies of any documents pertaining to you case, including the docket sheet, any minute order evidencing the dismissal, etc.
Answered on Sep 25th, 2013 at 3:08 AM

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Employment & Labor Attorney serving Salt Lake City, UT at Sharon L. Preston, P.C.
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If the charge was dismissed by the court, then you should be fine to apply for your citizenship. However, if you are not sure about the actual court disposition in your case, you should probably contact an immigration attorney, because battery against a household member would a charge for "domestic violence", which is a deportable crime. In your case, you should probably consult an attorney before you file your citizenship application.
Answered on Sep 24th, 2013 at 11:50 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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An attorney would need to review certified court records related to the conviction and proof you complied with all terms of the Judgment but probably you will be ok since it is outside the five year statutory period. It is also advisable to include evidence of your rehabilitation and good moral character - job letter, community service, etc.
Answered on Sep 24th, 2013 at 11:46 AM

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Sexual Harassment Attorney serving Brooklyn, NY
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If the case was dismissed, you should be fine. Just to make sure, take a certificate of disposition and consult with an attorney.
Answered on Sep 24th, 2013 at 10:17 AM

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Should be ok if there is the only issue.
Answered on Sep 24th, 2013 at 7:44 AM

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