Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485

Question details

I had a domestic violence charge that got dismissed in pre-trial.

Soon after the incident occurred my attorney asked me to get 4-5 anger management classes as that would increase the chances of my case getting dismissed but said the court never asked/mandated the classes.

And he also said the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.

I've a few questions around this:

1) When I apply for I-485, will this situation be treated as Conviction by Immig Officer thouse the case was dismissed in pre-trial?

2) Can I be deported for this when I file for I-485? Am I risking by applying for I-485?

3) The court did not give a separate disposition letter (disposition is in the Criminal Complaint itself). We drafted a letter explaining the charges against me and the outcome of the case and took stamp, seal along with Clerk's signature from the court.

When I file my 485 will this letter be enough as a proof to the Immig Officer that my case was dismissed?
Or do I need to submit the entire docket?

ANSWER
Video URL
FAQ Transcript

I would like your case to be assessed by a local immigration lawyer who does deportation cases, they usually know this area of the law fairly well. More...

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Green Card

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Anonymous (not verified) on Fri, 11/05/2021 - 08:36 Permalink

Hello Attorney Khanna,
I have a Domestic Assault and Battery misdemeanor guilty charge against me. No arrest. The case was filed after I put a divorce case and the intention was to pressurize me to give more money in divorce case. This was done around 3 years back. I have been in USA for almost 11 years and now my EB2 priority date is approaching and I need to file I-485. I was sentenced 1 year probation and 40 Education Classes. Can you let me know how to fill Question 25 to 29 of I-485 Application.

 

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Mon, 11/08/2021 - 07:19 Permalink

We cannot help you fill forms. Most forms require us to sign at the bottom if we help in filling out. You need to have a detailed discussion with your own lawyers.

Add new comment

Filtered HTML

  • Web page addresses and email addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Allowed HTML tags: <a href hreflang> <p> <h2 id> <h3 id> <h4 id> <h5 id> <h6 id> <em> <strong> <cite> <code> <ul type> <ol start type> <li> <dl> <dt> <dd><style> <drupal-entity data-*>
If you want to be notified of a response to your comment, please provide your email address.
CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.