Applied for naturalization then got DV charge case dismissed

[Jane1000 3]

I applied for citizenship last year and a few months later got arrested and charged for domestic violence. My state do mandatory arrest so once the police is out they have to arrest someone. The case was later dismissed. It was dismissed after completion of an SOC, which was a negotiation with the prosecutor that if I behave good for X amount of time then by the end of the period they will dismiss the case. Now I got the notice of citizenship interview in a few weeks. What is my chance of passing the interview?

 

I’ve talked to a couple of attorneys and received different messages. One said I will need to prove that I have good moral character by doing volunteer work or something like that. Another said I don’t need to do that but instead they can write up something for me to argue that a dismissed DV case doesn’t mean I have bad moral character.
 

I have also researched online and got mixed results. I heard a dismissed case might sometimes be considered a conviction from a immigration point of view. But I don’t know if in my case it’s considered a conviction? 

[Mike E 11,751]

 What is interesting is that neither attorney told you to cancel the N-400.  So neither attorney is concerned about USCIS starting removal proceedings.  
 

So you might as well go with through with the interview and speculation on whether you will be approved or not isn’t productive.  Personally  I’ve no idea, but the fact a $500 traffic ticket is grounds for denial of N-400 and/or removal proceedings was enough to prod me to file.  
 

If you are denied you will get insight on what you need to do to get approved next time.  
 

You should bring an attorney to interview.  

[Jane1000 3]

3 hours ago, Mike E said:

 What is interesting is that neither attorney told you to cancel the N-400.  So neither attorney is concerned about USCIS starting removal proceedings.  
 

So you might as well go with through with the interview and speculation on whether you will be approved or not isn’t productive.  Personally  I’ve no idea, but the fact a $500 traffic ticket is grounds for denial of N-400 and/or removal proceedings was enough to prod me to file.  
 

If you are denied you will get insight on what you need to do to get approved next time.  
 

You should bring an attorney to interview.  

Whats the ground for removal? 
 

In fact, the first time I talked to one of the immigration attorneys, she were unsure whether I should just withdraw the application. But after she consulted a “more experienced” attorney, the conclusion was I should keep the application and wait till my case is formally closed (it’s dismissed now). 
 

My criminal attorney and the immigration attorneys also assured me this will not cause a deportation. 
 

What I found confusing is that there seem to be very drastic differences in people’s views on this when I search online. Maybe there isn’t a clear cut law or policy on this so the decision can be very random and up to immigration officers? At this point, all I can do is speculation, right? Asking on the forum and hoping to get information from people who went through similar experience or have the expertise would not guarantee me a pass but would certainly be helpful to get me prepared. 

 

 

Edited April 28, 2022 by Jane1000

[Mike E 11,751]

5 hours ago, Jane1000 said:

Whats the ground for removal? 

A $500 traffic ticket 

[Jane1000 3]

Found a previous post similar to my situation. 

 

https://www.visajourney.com/forums/topic/719789-the-stressful-decision-cannot-yet-be-made-about-your-application/page/9/

[Jane1000 3]

36 minutes ago, Mike E said:

A $500 traffic ticket 

I’m not sure if traffic ticket can get you deported but I meant to ask what do you think would be the ground to get me deported in my case..

[Mike E 11,751]

7 minutes ago, Jane1000 said:

I’m not sure if traffic ticket can get you deported but I meant to ask what do you think would be the ground to get me deported in my case..

I’ve no details what happened to cause police to come to your home and why you were selected for arrest.  

[JeanneAdil 7,078]

1 hour ago, Mike E said:

A $500 traffic ticket 

DV domestic violence

in some states like Florida,  for an example  ,  they have to arrest / not left up to the accuser to have the person arrested / up to police

 

SOC are classes the person has to attend to satisfy the court for the domestic violence charge

Edited April 28, 2022 by JeanneAdil

[Raja009 4]

@jane1000 I'm sorry to say this but an SOC for Washington state can be considered as conviction for USCIS. You should have fought for the dismissal of the DV case -- I hope is DV4 assault (misdemeanor and not Felony).

 

I had a similar DV4 assault case however luckly my charges were dismissed without any SOC, to be on the safe side I applied for N400 after 5 years from the date of dismissal. I submitted all official documents (docket, arrest report etc...).

 

During the interview the IO agreed that its not a conviction however as a standard process he took my documents and double checked that my case was dismissed prior to the GMC period (5 years) and then approved my application one day later. 

 

During the interview he said since the case was outside GMC he will not even ask any questions regarding the case. So I think the least you can do after an arrest/conviction is to wait for 5 clean years and then apply for N400.

[Jane1000 3]

7 minutes ago, Raja009 said:

@jane1000 I'm sorry to say this but an SOC for Washington state can be considered as conviction for USCIS. You should have fought for the dismissal of the DV case -- I hope is DV4 assault (misdemeanor and not Felony).

 

I had a similar DV4 assault case however luckly my charges were dismissed without any SOC, to be on the safe side I applied for N400 after 5 years from the date of dismissal. I submitted all official documents (docket, arrest report etc...).

 

During the interview the IO agreed that its not a conviction however as a standard process he took my documents and double checked that my case was dismissed prior to the GMC period (5 years) and then approved my application one day later. 

 

During the interview he said since the case was outside GMC he will not even ask any questions regarding the case. So I think the least you can do after an arrest/conviction is to wait for 5 clean years and then apply for N400.

Thanks for your post! Yeah mine was DV4 assault not felony. Unfortunately my attorney never mentioned anything other than SOC as their negotiations with the prosecutor. They never discuss with me about what really happened and how they could prove me innocent or at least have the charge reduced, etc. All I was given was an option of SOC for which I paid some money to complete an online class and waited 6 months for the case to be dismissed. I’m glad the case was dismissed. But the more I think of it the more I feel it’s all about money. There’s a profit chain just like how the speeding tickets brought in extra revenue for every party involved except for the one being charged/cited. I mean there are definitely true bad people who are truly violent/driving recklessly, etc. But I’m not in any way like that. I guess that’s the reason those who looted the street or randomly attacked people got way without any consequences. They don’t have the financial capability to hire an expensive lawyer or pay for classes so they are no use to them. Anyway thanks for your response 

[discoverusa 316]

1 hour ago, Raja009 said:

@jane1000 I'm sorry to say this but an SOC for Washington state can be considered as conviction for USCIS. You should have fought for the dismissal of the DV case -- I hope is DV4 assault (misdemeanor and not Felony).

 

I had a similar DV4 assault case however luckly my charges were dismissed without any SOC, to be on the safe side I applied for N400 after 5 years from the date of dismissal. I submitted all official documents (docket, arrest report etc...).

 

During the interview the IO agreed that its not a conviction however as a standard process he took my documents and double checked that my case was dismissed prior to the GMC period (5 years) and then approved my application one day later. 

 

During the interview he said since the case was outside GMC he will not even ask any questions regarding the case. So I think the least you can do after an arrest/conviction is to wait for 5 clean years and then apply for N400.

I agree. The worst case scenario OP would have to reapply after five years. 

[Family 4,286]

17 hours ago, Jane1000 said:

I’ve talked to a couple of attorneys and received different messages. One said I will need to prove that I have good moral character by doing volunteer work or something like that. Another said I don’t need to do that but instead they can write up something for me to argue that a dismissed DV case doesn’t mean I have bad moral character.
 

Your arrest , completion of some terms imposed by the court ( SOC) , sounds like a “ pre trial diversion “, so yes it counts for immigration , and because it is within the statutory 5 years , I believe your N-400 will be denied for lack of GMC / good moral character. It does NOT make removable, so no worries on that front. 

Easy way is to simply withdraw or allow N-400 to be denied for abandonment ( not show up for interview) and reapply 5 years from the date of “ dismissal “.

[African Zealot 1,456]

Probability of initiating removal proceedings over a dismissed domestic violence case is so remote that it must not trouble you. Armed with that knowledge you can view the situation this way:

 

If you withdraw your application you have zero chance of being approved
 

If you keep your application, you have two possible outcomes, approved or denied. 
 

Thus from the probability evaluation, keeping the application makes sense because who knows, you might get lucky.

 

Good luck!

[Adujarric 67]

1 hour ago, African Zealot said:

Probability of initiating removal proceedings over a dismissed domestic violence case is so remote that it must not trouble you. Armed with that knowledge you can view the situation this way:

 

If you withdraw your application you have zero chance of being approved
 

If you keep your application, you have two possible outcomes, approved or denied. 
 

Thus from the probability evaluation, keeping the application makes sense because who knows, you might get lucky.

 

Good luck!

 As long as you show proof that the case was dismissed you should be fine. You are assume innocent of any crime until proven guilty. A case being dismissed is just proof that you were innocent or that they didnt have enough evidence to show that you were guilty. Bring to your interview a court certified copy of your disposition & a letter from the court stating that you completed everything that was asked of you whether it was probation or post trial intervention which im assuming thats what SOC is.  This is just my opinion. I got my citizenship with 6 prior arrest with two of those being misdemeanor convictions and 4 dismissed cases.  

[Jane1000 3]

Thanks everyone for your comments! I found that an SOC is not considered a conviction by immigration if the language used in the SOC is “immigration safe” (i.e. it doesn’t involve admission of guilty and the consideration of evidence is contingent upon lack of future compliance). I checked mine agreement and it never mentioned anything about admission of guilty, and it specifically said the consideration of evidence is based on if I fail to comply with the terms in the agreement. So hopefully I still have a chance.

 

 

Ref:

https://gshlaw.net/socs-withheld-pleas-and-acds-immigration-does-make-a-difference/