False Charges

[c_mat 0]

Hi,

I got my conditional green card in July 2005, and will be applying to remove conditions in April. Last year, we moved to a 3 family home (in a fairly safe neighborhood), where we had a very violent neighbor on the first floor who would get drunk and beat his wife several times. Since we shared the same driveway, he would often ring our bell at odd times just to annoy us. One day, I rang his bell to ask him to move his car, and he came charging out, calling me all kinds of names and threatening to hit me (actually he came pretty close). I was really upset and concerned for the safety of my wife, who was right there, and complained to my landlord. My landlord said she was going to evict him (which eventually succeeded) because he had threatened her in the past as well, and that I should file a complaint with the police for our safety. So I went and did that. Lo and behold, after I do it, and the officer speaks with him on the phone, he says the guy is going to come down to the station, because I hit him. So he comes and files false charges against me for assault and battery, when I had not even touched him, and had gone sat in the car, when he started threatening me.

Of course, we had to go to court for a hearing, and I am pretty sure the magistrate saw through the whole thing. he said we should just make peace (as if we were kids), and asked me whether I wanted to pursue the matter. I didn't want any further trouble with the neighbor because we had heard him get violent several times, and so I said forget it. All I said was that I wanted to be assured of my safety. So the neighbor said he would be fine, and the magistrate said he was going to dismiss the charges on both sides.

I am wondering now, whether I should say "Yes" on the 1-751 application, since I never did anything wrong, was not officially charged by the police with anything, and they were only false charges by my neighbor.

Would anyone have any information on this? Thanks guys. I really find this website very helpful.

Edited February 6, 2007 by c_mat

[wannabe_texan 0]

Hi,

I don't really know the answer to your question, but I see it had a lot of views, and no replies, so my 2 cents worth of advice would be as a first step to get your own police record, to see what, if anything, is listed on there. That will help to figure out how to proceed.

Hope that helps!

[sparkofcreation 0]

Dude, if you had to go to court, it can only have been because charges were filed against you by the police; a random person can't just require you to go there. The neighbor filed charges with the police. So YES you have been charged with a crime and you are required to inform USCIS.

[c_mat 0]

Thanks Wannabe_Texan and Spark of Creation.

I guess I'm probably going to ask an immigration attorney or someone about this.

All this hassle for something I didn't do, and for someone threatening me and my US citizen wife.

All the police record shows is that my neighbor told the police that I poked him in his chest with my left finger (I am not even left-handed), asking him to move his car! The magistrate at the hearing had said, "there will be no record". So i am totally confused now.

Anyways, will just put my trust in the Lord who is just and works all things justly.

Thanks guys for all your help!

[ilovecookies 0]

Anyways, will just put my trust in the Lord who is just and works all things justly.

Amen to that!!!

I pray things will work out for you. God bless, never cease praying!

[c_mat 0]

After speaking with my lawyer, he told me that I don't have to worry about anything. Apparently, I was never charged, because the whole magistrate's (NOT Judge) hearing was to determine whether the false complaint brought against me had any merit to it. Since the magistrate threw away the complaint, no charges were filed against me. So I just write "No"

Praise God, and thank you guys for being patient and your help!

[wannabe_texan 0]

That's great news C_Mat - good luck with your journey and God Bless

[japau 1]

This is not like some serious thing. "No" would be my answer.