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Miamidade

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  1. Like
    Miamidade got a reaction from MyNameIsEarl in the stressful "Decision cannot yet be made about your application"   
    FINALLY!!!!! I have been approved!!!! OMG! 3 years of fear is over !!!!! I’m gonna be a US citizen soon ! Thanks all of you for such warm emotional help all this years!!! So now we know if you be been arrested even less then 5 years BUT not convicted for domestic despite you still have a chance !!!!! My oath ceremony will be soon! Thanks ones again ! The last interview Was fast ! God bless America 
  2. Like
    Miamidade got a reaction from Nino2022 in the stressful "Decision cannot yet be made about your application"   
    FINALLY!!!!! I have been approved!!!! OMG! 3 years of fear is over !!!!! I’m gonna be a US citizen soon ! Thanks all of you for such warm emotional help all this years!!! So now we know if you be been arrested even less then 5 years BUT not convicted for domestic despite you still have a chance !!!!! My oath ceremony will be soon! Thanks ones again ! The last interview Was fast ! God bless America 
  3. Like
    Miamidade got a reaction from bsd058 in the stressful "Decision cannot yet be made about your application"   
    FINALLY!!!!! I have been approved!!!! OMG! 3 years of fear is over !!!!! I’m gonna be a US citizen soon ! Thanks all of you for such warm emotional help all this years!!! So now we know if you be been arrested even less then 5 years BUT not convicted for domestic despite you still have a chance !!!!! My oath ceremony will be soon! Thanks ones again ! The last interview Was fast ! God bless America 
  4. Like
    Miamidade got a reaction from Fahad86 in the stressful "Decision cannot yet be made about your application"   
    FINALLY!!!!! I have been approved!!!! OMG! 3 years of fear is over !!!!! I’m gonna be a US citizen soon ! Thanks all of you for such warm emotional help all this years!!! So now we know if you be been arrested even less then 5 years BUT not convicted for domestic despite you still have a chance !!!!! My oath ceremony will be soon! Thanks ones again ! The last interview Was fast ! God bless America 
  5. Like
    Miamidade got a reaction from Nikki06 in the stressful "Decision cannot yet be made about your application"   
    FINALLY!!!!! I have been approved!!!! OMG! 3 years of fear is over !!!!! I’m gonna be a US citizen soon ! Thanks all of you for such warm emotional help all this years!!! So now we know if you be been arrested even less then 5 years BUT not convicted for domestic despite you still have a chance !!!!! My oath ceremony will be soon! Thanks ones again ! The last interview Was fast ! God bless America 
  6. Thanks
    Miamidade reacted to HNZ91 in the stressful "Decision cannot yet be made about your application"   
    You can’t imagine how much I’m happy for you . Congrats
  7. Like
    Miamidade got a reaction from HNZ91 in the stressful "Decision cannot yet be made about your application"   
    FINALLY!!!!! I have been approved!!!! OMG! 3 years of fear is over !!!!! I’m gonna be a US citizen soon ! Thanks all of you for such warm emotional help all this years!!! So now we know if you be been arrested even less then 5 years BUT not convicted for domestic despite you still have a chance !!!!! My oath ceremony will be soon! Thanks ones again ! The last interview Was fast ! God bless America 
  8. Confused
    Miamidade reacted to SusieQQQ in the stressful "Decision cannot yet be made about your application"   
    Maybe not, maybe they decided you didn’t need another interview after all. Keep us posted.
  9. Sad
    Miamidade reacted to Souma10 in the stressful "Decision cannot yet be made about your application"   
    Same situation here but I wasn’t convicted. My interview coming up on March  iam really scared I don’t know what will happen. Praying for u to hear some good news soon about ur case . 🙏
  10. Like
    Miamidade reacted to The_Empyrean in the stressful "Decision cannot yet be made about your application"   
    Not gonna argue. DV vs Reckless is two different worlds.
    so if i'd grab my wife by wrist saying "please don't leave" i should be charged with DV? That's what you're saying? So every single romantic movie should end right at the beginning lol
    it depends on million things. Don't blow it out of proportion.
    If one grabs and tosses around, YES it is DV. If one grabs pleading not to leave (not aggressively) and lets her go, in what way thats a DV? If it is, then anyone who grabs my wrist will be charged with assault.
    I've seen emotional DV, psychological DV, Physical DV, men assaulting women, women assaulting men. And i've got a degree in Criminal Justice, studied Constitutional law, State and Federal laws, along with Sociology and Psy. I have deepest sympathy for DV victims, as i've experienced some of it first hand.
     
    50% of victims fault? Again it depends on circumstances obviously. If one chases me with a baseball bat or i feel threatened, and knock him/her out on spot, and he/she call cops, of course its his/her own fault. 
    Don't be that person who listens only to one side and assumes anything. Barely anything is clear of how and what happened, and it doesn't matter.
    Read the whole post before responding please.
     
    If you think i discredit the wife all together, read my post until you understand what i said there. I can't tell anything concrete until i read the whole police report and both sides. Don't pull words out of context.
  11. Like
    Miamidade reacted to afrocraft in the stressful "Decision cannot yet be made about your application"   
    We should be really careful about judging a case without knowing the facts. By definition, couples are frequently in personal contact, and whether "grabbing" someone's arm is illegal depends a whole lot on the facts and their history. Women do it to their male partners, too, but we don't often consider that DV, do we? Let's be careful here. 
  12. Like
    Miamidade reacted to afrocraft in the stressful "Decision cannot yet be made about your application"   
    Actually, it won't count. OP is on firm ground here. No discretion is required: Nolle prosequi is not considered a conviction by USCIS. See USCIS Policy Manual Vol 12 Chapter 2 - GMC Adjudicative Factors:
     
     
  13. Confused
    Miamidade reacted to afrocraft in the stressful "Decision cannot yet be made about your application"   
    Hold up. Why are most people so negative about the prospect of approval in this case? 
    Crime of moral turpitude? With no conviction?
    Here's how the USCIS Policy Manual defines a conviction:
    C. Definition of Conviction
    1. Statutory Definition of Conviction for Immigration Purposes
    Most of the criminal offenses that preclude a finding of GMC require a conviction for the disqualifying offense or arrest. A “conviction” for immigration purposes means a formal judgment of guilt entered by the court. A conviction for immigration purposes also exists in cases where the adjudication of guilt is withheld if the following conditions are met:
    A judge or jury has found the alien guilty or the alien entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt; and
    The judge has ordered some form of punishment, penalty, or imposed a restraint on the alien’s liberty.
    It is not always clear if the outcome of the arrest resulted in a conviction. Various states have provisions for diminishing the effects of a conviction. In some states, adjudication may be deferred upon a finding or confession of guilt. Some states have a pretrial diversion program whereby the case is removed from the normal criminal proceedings. This way the person may enter into a counseling or treatment program and potentially avoid criminal prosecution.
     
    If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes. 
  14. Sad
    Miamidade reacted to Going through in the stressful "Decision cannot yet be made about your application"   
    The IO is correct.  Nolle Pros is as if charges had not been filed---it is not the same as an acquittal, and it is not the same as being found innocent.
     
    The fact that you were court-ordered to attend domestic violence classes/your case was diverted, means that you were convicted.  Diversion is a form of conviction in the eyes of USCIS.  If you were not convicted of anything, you wouldn't have been ordered to complete the diversion program.
     
    Reckless driving, while no joke either, is not taken as seriously as Domestic Battery charges, especially if you were you charged with a felony as opposed to a misdemeanor.
     
    You WERE convicted (Diversion) in the eyes of USCIS.  The nolle pros happened ONLY because you completed the Diversion Program.  So, yes, it can affect your N400.  Any DV charge is taken quite seriously by USCIS.   Considering this happened within the statutory period for USCIS's Good Moral Character Requirement, there is a possibility your N400 will be denied.
  15. Like
    Miamidade reacted to Going through in the stressful "Decision cannot yet be made about your application"   
    As @Villanelle said, if denied your option is to reapply later on down the road.  I would suggest NOT reapplying right away (if you are denied) but to wait a couple of years --- and keep your  nose clean --- afterwards.
     
    In hindsight, it would have been better if your original N400 filing happened when you were a couple of  years (at least) outside of the GMC statutory period..because depending on what you were originally and officially charged with, DVs can also be termed as a CIMT (which is also worse to have to deal with immigration-wise).  For example, aggravated battery is usually, if not always, a CIMT. Simple assault and battery is not usually considered a CIMT.
     
    I never committed DV, but with my own CIMTs in the past I purposefully chose to not apply for the N400 until I was offense-free for at least 10 years afterwards from the date of my arrival in the US...which was coupled with the amount of time I'd been offense-free back in my home country.  This was purely to keep putting as much "distance" as I could between the original disposition of my charges (which happened in 1992) and my citizenship filing.  I would suggest you try to put some distance between your completed diversion program and your next N400 filing (if it comes to you being denied).  Of course, I'm not suggested you wait 10 years---in your case (and without knowing all the specifics of  your charges) I would suggest at least 2, though.
     
    Also, the final outcome of a case is not always the only determining factor for an approval---even with charges withdrawn, diversion, etc.  USCIS will take into account not just the final disposition of your case, but also what the maximum penalty under what you were charged for is in your State of jurisdiction.  USCIS will also take into account how long ago the crime(s) occurred.  
     
    It is also quite possible that your N400 will be approved---again, I don't know all the specifics of your charges, so I can't really say either way.
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