Citizenship application with DV and child abuse

[gcms 1]

I was charged and arrested with the following:

1) Felony Battery, Class: F3. (This charge was for domestic violence).

2) CHILD ABUSE; Class: F3. (As the name implies, was for child abuse).

 

Both charges are category 3 Felonies.

 

After I bonded out of jail:

1) I never had to go to court for any hearing or trial.

2) Was never asked to sign up for any program.

3) Ultimately, was never convicted of any of these charges.

 

The letter of release from the State Attorney read, "The victim has recanted the original facts given to law enforcement or has given statements that are inconsistent or not credible. There is no other admissible evidence to support the charge."

 

I was on Green Card when all this happened.

Questions:

1) Will I run into issues if and when I apply for citizenship down the road?

2) We need to visit India as our ageing parents are in India. Can I be deported or denied re-entry at the port of entry if I travel outside the country? 

3) Even if I am not denied entry, I am thinking I will be questioned at the port of entry. Any ideas on what this process is? I hope I will not be tucked away in some immigration holding area and waiting for days for a judge to hear me out.

[TBoneTX 49,045]

Welcome to the forum!

 

Others here may differ, be more specific, or both.

1)   Almost certainly, if I recall other such instances on VJ (few, and remote).

2)  Don't know.  If you risk traveling, carry the original letter of release from the State Attorney with you.

3)  No idea, but have the letter with you.

[Boiler 48,610]

This not DIY, Lawyer territory.

 

First you need to ascertain if it is sensible to apply for Citizenship at all.

 

Not sure I would be leaving the US.

[gcms 1]

6 minutes ago, Boiler said:

This not DIY, Lawyer territory.

 

First you need to ascertain if it is sensible to apply for Citizenship at all.

 

Not sure I would be leaving the US.

Thank you both for replying. I have a lawyer consultation tomorrow, but I also wanted the forum's opinion. Unfortunately, not leaving the US is not an option for me. Just trying to understand how much pain I will have to go through upon my return.

[TBoneTX 49,045]

Good luck.  Try to consult more than one lawyer.  You might even want to phone a CBP port (not the one through which you'd be traveling), ask for the shift supervisor, and say, "Hypothetically, what if someone in this situation..." (present "your" case).

[gcms 1]

But reading other posts, I believe I have a better chance, as nothing really happened after I got arrested. Even my lawyer returned half his fees, since he did not have to do anything. The "charge" is the only thing that is there on my profile.   

[TBoneTX 49,045]

1 minute ago, gcms said:

But reading other posts, I believe I have a better chance, as nothing really happened after I got arrested. Even my lawyer returned half his fees, since he did not have to do anything. The "charge" is the only thing that is there on my profile.   

That does sound hopeful, but be aware that things have tightened up in ways that are still evolving.  I really would try to speak with a supervisor at a CBP port.

[gcms 1]

1 minute ago, TBoneTX said:

Good luck.  Try to consult more than one lawyer.  You might even want to phone a CBP port (not the one through which you'd be traveling), ask for the shift supervisor, and say, "Hypothetically, what if someone in this situation..." (present "your" case).

Yeah, I was thinking of getting multiple opinions as well. Thank you for the tip!

[gcms 1]

3 minutes ago, TBoneTX said:

That does sound hopeful, but be aware that things have tightened up in ways that are still evolving.  I really would try to speak with a supervisor at a CBP port.

Yep, if things were not the way they are, I would have been less worried, if worried at all, at least regarding my travel. 

Edited 12 hours ago by gcms

[FS1979 13]

Does CBP have realtime access to state arrest records?  How would they know about OP's arrest at the POE?  If for whatever reason they ask OP of course he should be truthful but in the hundreds of border crossings over the years I've not once been randomly asked "have you ever been arrested or charged with a crime?"

Edited 3 hours ago by FS1979

[Boiler 48,610]

They have Computers

[FS1979 13]

5 minutes ago, Boiler said:

They have Computers

 

Really, I had no idea!

 

The question is whether they have realtime access to the data on those computers without having to look it up.  When a GCH who has an arrest record presents themselves at the POE does the computer immediately flag this?  

[Boiler 48,610]

If you assume they know everything you do not want them to and nothing you do you cant go too wrong.

 

Or to put it another way as Clint Eastwood said "...you've got to ask yourself one question: 'Do I feel lucky?' Well, do you, punk?"

Edited 3 hours ago by Boiler

[gcms 1]

18 minutes ago, FS1979 said:

 

Really, I had no idea!

 

The question is whether they have realtime access to the data on those computers without having to look it up.  When a GCH who has an arrest record presents themselves at the POE does the computer immediately flag this?  

Actually, they do have access to real-time data. In fact, DHS is auto-notified even when local LEOs make an arrest through a federal information-sharing partnership known as Secure Communities. I have never been arrested before, so not sure what will happen, but I think I will be flagged this time, and that is how they will separate me out from other travelers.

Edited 2 hours ago by gcms

[igoyougoduke 1,762]

1 hour ago, gcms said:

Actually, they do have access to real-time data. In fact, DHS is auto-notified even when local LEOs make an arrest through a federal information-sharing partnership known as Secure Communities. I have never been arrested before, so not sure what will happen, but I think I will be flagged this time, and that is how they will separate me out from other travelers.

i dont think any here knows what will happen. The only thing is the current administration has tightened up the application of law to the fullest extent. what will happen at Port of entry is a toss up. Good luck !!