What are the chance of Misđemeanor Assault deny?

[yoyoma 0]

In 1992, I was charge with misdemeanor assault on my ex-gf. I slapped her because she was cheated on me. The court gave me defer adjudication and I completed and the case was dismissed. I intend to disclose this information to USCIS. I will submit the official court defer adjudication document and complaint report. Since then I have been living a model citizen. Do you guy think I'll have problem with getting my petition approve. Or it take longer than no criminal history petition.

[Troy W 0]

If the case was dismissed after a court supervision period, then even though there is a record of it and a guilty plea, it is still dismissed so there would be no criminal record of guilt. For legal purposes this is the same thing as a not guilty. And does not constitute a criminal record

[J & Q 0]

In 1992, I was charge with misdemeanor assault on my ex-gf. I slapped her because she was cheated on me. The court gave me defer adjudication and I completed and the case was dismissed. I intend to disclose this information to USCIS. I will submit the official court defer adjudication document and complaint report. Since then I have been living a model citizen. Do you guy think I'll have problem with getting my petition approve. Or it take longer than no criminal history petition.

Your best bet would be to consult with an immigration attorney regarding this matter. Even though you were not convicted of a violent crime, you were still charged with one.

[Ranchris 0]

I totally agree with Try W. You should have nothing to worry about relative to a 'dismissed charge'.

[nowhereman 1]

I totally agree with Try W. You should have nothing to worry about relative to a 'dismissed charge'.

Dealing with criminal offenses isn't as cut & dried as you may think. For example its natural to think that since a charge was dismissed its a non-issue, but this is not the case. It sounds like the OP was charged with domestic abuse & even though he was given an adjudicated sentence (basically you stay clean for a certain amount of time, often 6-12 months, and the charge is dismissed) it is far from a non-issue.

Like someone else recommended the OP should check with an immigration lawyer on this... I have a criminal justice degree & thus know more than the layman about the law, but I am far from being an immigration lawyer.

[yoyoma 0]

I totally agree with Try W. You should have nothing to worry about relative to a 'dismissed charge'.

Dealing with criminal offenses isn't as cut & dried as you may think. For example its natural to think that since a charge was dismissed its a non-issue, but this is not the case. It sounds like the OP was charged with domestic abuse & even though he was given an adjudicated sentence (basically you stay clean for a certain amount of time, often 6-12 months, and the charge is dismissed) it is far from a non-issue.

Like someone else recommended the OP should check with an immigration lawyer on this... I have a criminal justice degree & thus know more than the layman about the law, but I am far from being an immigration lawyer.

I spoke to a immigration lawyer today, and he said I should disclose my case and I shouldn't have any problem of getting approve. But, the hard part is the oversea embassy interview my fiancee. He told me the success rate in Vietnam is 50%. Since he charging me too much for the service. I'll do it for myself and see what's going to happen.

[Old Dominion 26]

By all means, list it. Just try to document a bona fide relationship and be there for the interview, just to show your sincerity even though you won't be interviewed. She can show your passport to prove you are there with her.

[Ranchris 0]

I think everyone here is basically saying the same thing.....that a dismissed charged will not harm your case. However, to disclose such information is a plus but I still do not think it necessary...please correct me if I am wrong but I do not recall there being any questions concerning....whether or not you were charge...but on the other hand I do recalled they asked one to declare convictions. The reality of it all is that I believe there are individuals whose petitions were approved and visas granted etc...who were charged not convicted with more or less than my fellow VJ member.

[MikeA 0]

In 1992, I was charge with misdemeanor assault on my ex-gf. I slapped her because she was cheated on me. The court gave me defer adjudication and I completed and the case was dismissed. I intend to disclose this information to USCIS. I will submit the official court defer adjudication document and complaint report. Since then I have been living a model citizen. Do you guy think I'll have problem with getting my petition approve. Or it take longer than no criminal history petition.

The question on the 129F asks if you have ever been convicted! there is a difference between being Charged and Convicted.

I am faced with a similar situation in which I was never convicted because it was not true, but I will enclose court records as "Voluntary Disclosure of Unrelated Records" anyway to be forthcoming and show I have nothing to hide.

[jpetrocxme 0]

In 1992, I was charge with misdemeanor assault on my ex-gf. I slapped her because she was cheated on me. The court gave me defer adjudication and I completed and the case was dismissed. I intend to disclose this information to USCIS. I will submit the official court defer adjudication document and complaint report. Since then I have been living a model citizen. Do you guy think I'll have problem with getting my petition approve. Or it take longer than no criminal history petition.

The question on the 129F asks if you have ever been convicted! there is a difference between being Charged and Convicted.

I am faced with a similar situation in which I was never convicted because it was not true, but I will enclose court records as "Voluntary Disclosure of Unrelated Records" anyway to be forthcoming and show I have nothing to hide.

About 7 years go a check bounced. Soon-to-be ex at that time had "hit" the bank account and I did not realize it at the time. Got an appearance ticket from PD, appeared, acknowledged my responsibility, made restitution and so forth.

Nothing since.

Any issues that anyone sees with this???

Thanks

[Angie Y Shane 2]

This is what will happen for certain. USCIS does a FBI background check on all applicants and petitioners. This will come up on a FBI background check for SURE. All arrest and convictions will come up. Now what is the true answer to put, that is strictly on you. If it was me I would be honest and tell them of the arrest and the action taken, because they know you were. But dismissed in a cover letter. One, You are showing honesty. Two, the charge was dismissed. I think clearly you do not have much to worry about. Worst comes to shove, have your wife or girlfriend write a letter she is aware of the past arrest.