Assault during Marriage

[Milva 0]

My husband has a permanent green card however about 1 1/2 years ago he was arrested and the actual charge was assault (he slaped me and the cops were called). We hired an attorney in which he stated that it was not a crime of "moral aptitude" and the case was dismissed. My husband went to anger management and we have the original court paper stating the case was dismissed. We would like to apply for him to become a citizen however we are worried that we may have problems (eventhough the attorney stated we will not) because in our last 2 trips when we entered into the county he had a meeting with an immigration attorney in which they asked him about his arrest.... They asked him a few questions, verified the information that was provided and let him go..... PLEASE HELP US.... we are scared that by applying for citizenship it will raise a RED FLAG and once we try to enter again to the county he will be retained and maybe even deported. YES.... we will answer the questionaire honestly and say "YES" to the question of the arrest. Thanks

[milimelo 4,477]

My husband has a permanent green card however about 1 1/2 years ago he was arrested and the actual charge was assault (he slaped me and the cops were called). We hired an attorney in which he stated that it was not a crime of "moral aptitude" and the case was dismissed. My husband went to anger management and we have the original court paper stating the case was dismissed. We would like to apply for him to become a citizen however we are worried that we may have problems (eventhough the attorney stated we will not) because in our last 2 trips when we entered into the county he had a meeting with an immigration attorney in which they asked him about his arrest.... They asked him a few questions, verified the information that was provided and let him go..... PLEASE HELP US.... we are scared that by applying for citizenship it will raise a RED FLAG and once we try to enter again to the county he will be retained and maybe even deported. YES.... we will answer the questionaire honestly and say "YES" to the question of the arrest. Thanks

No red flags. Disclose the event and provide documentation.

[HappyKnappy 30]

My husband has a permanent green card however about 1 1/2 years ago he was arrested and the actual charge was assault (he slaped me and the cops were called). We hired an attorney in which he stated that it was not a crime of "moral aptitude" and the case was dismissed. My husband went to anger management and we have the original court paper stating the case was dismissed. We would like to apply for him to become a citizen however we are worried that we may have problems (eventhough the attorney stated we will not) because in our last 2 trips when we entered into the county he had a meeting with an immigration attorney in which they asked him about his arrest.... They asked him a few questions, verified the information that was provided and let him go..... PLEASE HELP US.... we are scared that by applying for citizenship it will raise a RED FLAG and once we try to enter again to the county he will be retained and maybe even deported. YES.... we will answer the questionaire honestly and say "YES" to the question of the arrest. Thanks

Milva, I am thinking that there will be no problems, considering you guys worked things out, and the case dismissal took place. Immigration officers/lawyers will continue to ask about it because it will appear in his record, but, I'm sure there's information regarding the dismissal in it too.

I encourage you to be honest in your application, and ellaborate on what happened. Just to be sure, having legal representation throughout the process wouldn't hurt you.

Best wishes!

[JAX1 1]

My husband has a permanent green card however about 1 1/2 years ago he was arrested and the actual charge was assault (he slaped me and the cops were called). We hired an attorney in which he stated that it was not a crime of "moral aptitude" and the case was dismissed. My husband went to anger management and we have the original court paper stating the case was dismissed. We would like to apply for him to become a citizen however we are worried that we may have problems (eventhough the attorney stated we will not) because in our last 2 trips when we entered into the county he had a meeting with an immigration attorney in which they asked him about his arrest.... They asked him a few questions, verified the information that was provided and let him go..... PLEASE HELP US.... we are scared that by applying for citizenship it will raise a RED FLAG and once we try to enter again to the county he will be retained and maybe even deported. YES.... we will answer the questionaire honestly and say "YES" to the question of the arrest. Thanks

Milva, full disclosure is important, so it is good that you are answering yes. Depending on which agent you get, they may want an explanation of what happened. In my case, I had an arrest warrant issued for assault and later recalled and the case was dismissed. Since I did not disclose it on my application, but did on the interview, it raised questions. The difference between you and I is I did not disclose it (unintentionally) and that's what led to my problem. If I were you I would just get a certificate of disposition (certified) from the court to show the case dismissed and just be prepared to explain what happened. If you attorney says it should be ok, I wouldn't worry just bring him to the interview when you're scheduled. Dont sweat it

[v333k 59]

I think you need to worry only if there is a repetition of this behavior - other than that - we are all humans.