Arrested and charges Dropped

[MalaboRocks 0]

Hi all

My wife and i are getting ready to file to have conditions removed. May 2 is the 90 days before.

She had an incident with someone where she was arrested for a felony assault with a deadly weapon. She was protecting herself and the charges where dropped. the case didn't even make it to court. first off i have search the site. so i am not just looking for help with out doing the leg work first.

1.) If the charges were dropped will this still cause problems in getting conditions removed(i know we have to still list it on the i-751).

2.) the DA has said he would sign an expungement request. I have talk to a lawyer and he wants 900.00 to do the services. is it worth it now (i will do it later when money is better). or since the charges were dropped does it matter as far as the conditions being removed.

Thanks in advance for any help someone can give......

[MalaboRocks 0]

Hi All

Nobody Has any input? This worries me. So does this mean we are going to have problems?

Please Help !!!! Anything.

Thanks In advance

[Tom_Jim 40]

Just my $.02 and just to be clear, I'm not a lawyer:

Part 3, section 7 of the I-751 asks if the beneficiary was ever "arrested", "indicted" among other things. Since she was arrested, you should tick the "yes" box. The instructions further state that to provide a "detailed explanation on a separate piece of paper..." The DA is willing to expunge her record and since no charges were brought up and she wasn't convicted of a felony, I believe she will still be eligible to receive the benefits of the 751.

As for the lawyer, unless it is super intricate, I would just personally work with the DA to get the record clear. As soon as that's done, you should be OK to file.

Best of luck to you and your spouse.

[MalaboRocks 0]

Thanks for your input. I just found out it takes almost a year to do an expungment. So i guess it will have to wait. I appreciate your help. Hopefully since the charges were dropped it will not be a problem.

Thanks Again

[Weatherman 0]

Personal opinion: I would draft a letter and get the DA to sign it rather than going for an expungement of the arrest record itself.

You can always go ahead and get an expungement letter later if you really need it... but your concern is explaining the situation for the IO reviewing your I-175, and you need to file that soon, much sooner than a year.

I would check the "yes arrested" box, and then prepare and explanation of what happened in exhaustive detail as part of your submission for the I-175.

I would also draft a simple one page letter for the DA to sign, simply stating your wife was arrested for whatever offense, but that charges were dropped and she was not indicted or tried.

Good Luck, I'm sure you will be fine with no ill effects from her arrest.

[Jimmy n Regine 0]

My wife was in almost the same situation. I included the arrest report, and the court disposition, which I picked up from the Clerk of Court. I also included a seperat page with the explaination of exactly what happened.

She got her 10 year Green Card exactly 4 months to the day that I mailed it for ROC.

No problems!

[Jimmy n Regine 0]

Sorry, I did not really answer your questions.

1.) If the charges were dropped will this still cause problems in getting conditions removed(i know we have to still list it on the i-751).

No problems. Just put the information into paperwork.

2.) the DA has said he would sign an expungement request.

Do not do this. It looks like you want to hide something.

3.) I have talk to a lawyer and he wants 900.00 to do the services. is it worth it now (i will do it later when money is better). or since the charges were dropped does it matter as far as the conditions being removed.

Lawyer just wants a lot of money to write a 1 page explanation for you. If you are not that good at writing, get a friend to write it for you.

[MalaboRocks 0]

Personal opinion: I would draft a letter and get the DA to sign it rather than going for an expungement of the arrest record itself.

You can always go ahead and get an expungement letter later if you really need it... but your concern is explaining the situation for the IO reviewing your I-175, and you need to file that soon, much sooner than a year.

I would check the "yes arrested" box, and then prepare and explanation of what happened in exhaustive detail as part of your submission for the I-175.

I would also draft a simple one page letter for the DA to sign, simply stating your wife was arrested for whatever offense, but that charges were dropped and she was not indicted or tried.

Good Luck, I'm sure you will be fine with no ill effects from her arrest.

Thank you so much

[MalaboRocks 0]

Sorry, I did not really answer your questions.

1.) If the charges were dropped will this still cause problems in getting conditions removed(i know we have to still list it on the i-751).

No problems. Just put the information into paperwork.

2.) the DA has said he would sign an expungement request.

Do not do this. It looks like you want to hide something.

3.) I have talk to a lawyer and he wants 900.00 to do the services. is it worth it now (i will do it later when money is better). or since the charges were dropped does it matter as far as the conditions being removed.

Lawyer just wants a lot of money to write a 1 page explanation for you. If you are not that good at writing, get a friend to write it for you.

Bad day today u just added a ray of sunshine to my night

thanks