Jump to content
MiniBigBoss

N-400 with dismissed case of DV

6 posts in this topic

Recommended Posts

Hi folks,

 

my wife and I have been married for 6 years and 3 months now. I have been in the US for 3.5 years. I have been working for tech giants since then in WA and CA. Back in Oct 2016, my wife called the cops on me for DV, it was all allegations. The prosecutor gave me two options, either go to trial or go with something called Stipulated Order of Continuance, with no plea guilty what so ever or ever being convicted, the case was dismissed after a year. My wife and I are still married and have a child together. I don't have any other arrests. I have one speeding ticket in WA for going 35 in a 30 zone. That is about it. Would that affect my application to citizenship? I am currently residing in Santa Clara county in CA.

Share this post


Link to post
Share on other sites
Posted (edited)
51 minutes ago, MiniBigBoss said:

Hi folks,

 

my wife and I have been married for 6 years and 3 months now. I have been in the US for 3.5 years. I have been working for tech giants since then in WA and CA. Back in Oct 2016, my wife called the cops on me for DV, it was all allegations. The prosecutor gave me two options, either go to trial or go with something called Stipulated Order of Continuance, with no plea guilty what so ever or ever being convicted, the case was dismissed after a year. My wife and I are still married and have a child together. I don't have any other arrests. I have one speeding ticket in WA for going 35 in a 30 zone. That is about it. Would that affect my application to citizenship? I am currently residing in Santa Clara county in CA.

If its a dismissed case you wont have any effect on you N400.. but Dismissed means no signing plea deal. Charges have to be officially dropped and should show NO conviction . You need have Court Disposition stating that charges were dismissed. you should be good!

Edited by abhatia315

July 15, 2015: Got Married!

August 06, 2015: File I-130

August 20, 2015: NOA 1

May 20, 2016: NOA 1

May 25, 2016: NOA 1

May 20, 2016: Case Sent to NVC

...................................................................

NVC:

06/06/2016: Case received

06/22/2016: Case and IIN#

06/22/2016: Choice of Agent -DS-261

06/22/2016: AOS Fee Invoiced

06/22/2016AOS Fee Paid

06/22/2016: IV Fee Invoiced

06/22/2016: IV Fee Paid

07/08/2016DS-260 Completed

07/14/2016: Sent AOS & IV Packets

07/18/2016: Scan Date

08/19/2016: Checklist ( i received checklist for missing passport copy)

08/29/2016: Second Scan Date

10/12/2016: Supervisor's review

10/17/2016: Case Complete

11/23/2016: Interview Date (Approved)

 

Removal of Condition 🖤💖🖤

12/10/2018: Documents Mailed to Phoenix Lock box

12/14/2018: Documents Delivered

12/17/2018: Case number Received (Nebraska Service Center)

12/24/2018: NOA Received

Share this post


Link to post
Share on other sites

As stated, obtain a certified order from the court clerk's office showing that the case was dismissed. It should not be an issue.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Share this post


Link to post
Share on other sites

Thank you guys! An immigration attorney told me today that it's a 50/50 chance, I don't know if he's being honest. I never entered any plea deal, they just asked me to be on passive probation for a year, case dismissed by court with no plea guilty what so ever or any deferred convictions, etc. I have the court order of the dismissal, they even dismissed the case earlier than expected. And definitely no conviction what so ever.

Share this post


Link to post
Share on other sites
Posted (edited)

Is your probation over? Your N-400 cannot be approved unless it is. 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Share this post


Link to post
Share on other sites
5 hours ago, MiniBigBoss said:

I never entered any plea deal, they just asked me to be on passive probation for a year, case dismissed by court with no plea guilty what so ever or any deferred convictions, etc.

Being placed on probation *is* a type of deferred conviction/deferred sentence.  Hopefully the info you entered on the N400 application questions #26 and #27 where it asks if you've ever been placed in alternative sentencing, and/or ever received probation reflects this.

 

As mentioned above, whether your probationary period is over or not is what will play a large role in an approval/denial.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×