QUESTION
I GOT ARRESTED FOR DV AND IT GOT DROPPED, BUT DOES IT AFFECT GETTING AGREEN CARD?
Asked on Apr 14th, 2013 on Immigration - California
More details to this question:
I got arrested after i applied to remove my condition of GC by marriage. my husband was drunk when we went back to his home town, and got in an argument. when fight got heated, he called 911 and the police showed up was his friend (it's a very small town so he knew his friend will show up) so they decided to arrest me. i bailed myself right after i got to jail. and my husband felt terrible so he booked me a hotel etc for me and called and mailed in a letter DA to drop the charge etc, but DA did not drop the charge so i got a lawyer and my lawyer found out that the police did not even read me my rights, and also from the evidence (which they have nothing) my charge got dropped the first day my lawyer went to court. NOW, how does it affect me getting my condition removed for my GC? does that mean we will get the interview for sure? or do i need to submit something? will they even know because it's a different state than where we live/applied GC??
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As the charge was dropped, it should not be an impediment to removing the conditional basis of your residence status. In a perverse way, your arrest could serve to help you prove the bona fide character of your marriage and that both of you were living together. There is more of a possibility of being interviewed since you were arrested, but if so, you would bring the court disposition along with your husband and the other papers proving a bona fide marriage to the interview. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence
Answered on Apr 23rd, 2013 at 6:01 PM
2 Awards
You should answer question 7 in Part 3 of Form I-751 by marking "Yes". Then attach an explanation and official records of the dismissal of the charge. It should not affect your ability to get your permanent green card, particularly if you are truthful and up front about it.
Answered on Apr 14th, 2013 at 9:24 PM