Does USIC look at the arrest charge, or conviction to determine if its an AWA act?

[o and l 1]

about 8 years ago i was arrested and charged with sexual battery class A.  due to circumstances of the case and the plea bargain i was able to get, i was convicted of CLASS C simple assault. i never had to register as a sex offender and to my knowledge, this crime would not be considered a sexual crime if it was based of the conviction charge. so my question is what would the uscis look for to determine it this is an AWA case? do they look at the intial charge? the contents of the case, or the final disposition?  or the combination of them all?

also the i129f asks you to list both arrests and convictions , so just by the mere fact that i was charged with an AWA act disqualify me?

Edited April 7, 2018 by o and l

[mhis82 11]

29 minutes ago, o and l said:

about 8 years ago i was arrested and charged with sexual battery class A.  due to circumstances of the case and the plea bargain i was able to get, i was convicted of CLASS C simple assault. i never had to register as a sex offender and to my knowledge, this crime would not be considered a sexual crime if it was based of the conviction charge. so my question is what would the uscis look for to determine it this is an AWA case? do they look at the intial charge? the contents of the case, or the final disposition?  or the combination of them all?

also the i129f asks you to list both arrests and convictions , so just by the mere fact that i was charged with an AWA act disqualify me?

USCIS will ask you two things,

1- The police report.

2- Final Court disposition.

It doesn't matter what the police report says, USCIS is interested with conviction. The type of conviction, what was the final outcome. Does it fit in one of the CIMT crimes.

Every state is different, it depends on state statue, Lets said you was charged with Class A felony Assault, and your plea was down to Class C Misdonemour. USCIS only look at your final court disposition,  now you need to find out by very experienced attorney, weather your crime was CIMT or not.

Do not apply for any benefit at this moment before you sit down with attorney.

 

 

[Illiria 980]

Are you the petitioner or the beneficiary? 

[bakphx1 785]

The USCIS has some latitude here and may not be bound by whether there was a conviction or such technicalities.  Once there is an arrest and conviction, they can decide to make it a problem or not. But if they bring this up, the burden is on you to prove you are not a risk.  USCIS has no burden to prove that you are. 

[o and l 1]

i am the petitioner, i havnt applied yet but i am now looking for lawyers experienced with AWA matters. so essentially they can deny me on the spot, or do an RFE only based on the fact that my arresting charge was under AWA? or do they have certain guidelines they have to follow?