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cshall2024

Legal Issue and Citizenship?

By cshall2024 in US Citizenship General Discussion

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cshall2024 Rookie

cshall2024   0

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Forgive me if I post this question in the wrong forum. My wife and I have been married 6 years. She has an IR-2 Visa Permanent Resident card. She is wanting to apply for citizenship, but she had a misdemeanor domestic violence charge (Assault w Domestic Bodily Injury) against her last October (I was the victim). She was arrested and spent 12 hours in jail. The charges were retired by the judge in December (meaning that nothing happened and that her record could be expunged in one year). The records shows that the case is closed, and defendant status concluded. 

 

The question is if this will interfere with her application for citizenship (of course she will answer all the questions on the N-400 honestly). Could it result in a denial since the charges fairly recent but yet were retired? Or should she wait until the record has been expunged? Will it make a difference either way? 

Edited by cshall2024
Boiler Grand Master

Boiler   45,658

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You should never expunge, I assume she was not guilty and will need to shoe 5 years good moral character.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

cshall2024 Rookie

cshall2024   0

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9 minutes ago, Boiler said:

You should never expunge, I assume she was not guilty and will need to shoe 5 years good moral character.

She was neither guilty nor not guilty. The charges were retired as agreed by the prosecutor, her attorney, and me. I pushed pretty hard to get the charges dropped. Retired was the best I could get. This means in my state, they are put on hold and will be dismissed after one year. 

Edited by cshall2024
Boiler Grand Master

Boiler   45,658

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5 minutes ago, cshall2024 said:

She was neither guilty nor not guilty. The charges were retired as agreed by the prosecutor, her attorney, and me. I pushed pretty hard to get the charges dropped. Retired was the best I could get. This means in my state, they are put on hold and will be dismissed after one year. 

Did her Lawyer know there were Immigration issues?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,658

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Filed: K-1 Visa Country: Wales
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50 minutes ago, cshall2024 said:

No. It was a public defender.

That does not follow but was the Judge aware of her status?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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