Will I get approval for citizenship? 4th degree assault DV - case dissmised without prejudice

[Kizana 4]

Hello!

I have been charged with 4th degree assault DV for slapping my husband on arm. The case was dismissed in May 2011 without prejudice and my attorney instructed me what documents I should attach to N-400 when applying for citizenship.

I don't want to bore anyone with the story, so here is the details just in case someone wants to read http://www.visajourney.com/forums/topic/304180-green-card-holder-arresred-for-domestic-violence-deportation/

I am eligible to apply for citizenship in February 2012. I know that even if the case would have been already expunged, I would have to indicate my arrest when applying for citizenship, even in a year or 10 years. However I can get approval but also I can be denied.

What are my chances?

If anyone has been in the same or similar situation, I would appreciate you sharing your experience.

Thank you in advance

[Brother Hesekiel 2,236]

Since the case was dismissed, the fact that you were charged with DV will have no impact on a potential application for naturalization. One is innocent until proven guilty, at least in theory, and since you were not proven guilty, so you are still a person of good moral character, or at least you appear to be one, whatever that really means.

Edited June 1, 2011 by Just Bob

[I AM NOT THAT GUY 5,715]

Since the case was dismissed, the fact that you were charged with DV will have no impact on a potential application for naturalization. One is innocent until proven guilty, at least in theory, and since you were not proven guilty, so you are still a person of good moral character, or at least you appear to be one, whatever that really means.

Dismissed without prejudice means the case could be brought again. It is up to the local prosecutor whether or not to charge her again.

Edited June 1, 2011 by Some Old Guy

[VanessaTony 3,567]

Just agreeing with Old Guy here. See here: http://en.wikipedia.org/wiki/Dismissed_without_prejudice

No idea if this will affect you badly but you weren't found "not guilty", you weren't determined to be innocent it was just dismissed for whatever reason BUT they reserved the right to try you again (hence the "without prejudice") so it's not good. See a lawyer.

[Brother Hesekiel 2,236]

All true,

but being charged and put to trial means nothing if there's no conviction and no plea bargain.

If a person has been charged with a crime, and there's a trial pending, USCIS would wait for the outcome of the trial. But in this case the outcome is that the case has been closed, to keep face by adding without prejudice at the end. USCIS cannot wait a month, a year, or ten years to find out if an Assistant D.A. might be so bored as to open an old, long closed case again. Thus, I remain in my initial evaluation when I say it will have no impact as the I.O. was not convicted of a crime and did not enter a plea bargain in order to escape a conviction.

Case closed, the same way that you bury a dead person, but can never be sure that not 50 years later somebody is digging up what's left of the body in order to get a DNA sample. That doesn't mean you don't consider the person buried forever, 'cause reason would dictate that this is the case.

[I AM NOT THAT GUY 5,715]

Just agreeing with Old Guy here. See here: http://en.wikipedia.org/wiki/Dismissed_without_prejudice

No idea if this will affect you badly but you weren't found "not guilty", you weren't determined to be innocent it was just dismissed for whatever reason BUT they reserved the right to try you again (hence the "without prejudice") so it's not good. See a lawyer.

Most often, because the spouse withdrew the complaint.

[Kizana 4]

Most often, because the spouse withdrew the complaint.

My husband did not file complaint, in fact he was calling prosecutor's office to convince him to dropp NOC and dismiss the case (btw my husband is in martial art for about 10 years, and I am petit size, it really was an accident)

So neighbour called 911 saying that we are yelling too loud; then it is the city that pressed charges...

Thanks to everyone for input!

However it would be great to hear somebody sharing own experience being in similar situation and how it ended up.

Edited June 2, 2011 by Kizana

[I AM NOT THAT GUY 5,715]

My husband did not file complaint, in fact he was calling prosecutor's office to convince him to dropp NOC and dismiss the case (btw my husband is in martial art for about 10 years, and I am petit size, it really was an accident)

So neighbour called 911 saying that we are yelling too loud; then it is the city that pressed charges...

Thanks to everyone for input!

However it would be great to hear somebody sharing own experience being in similar situation and how it ended up.

Those are good facts to let the IO know come interview time. Perhaps a picture showing your relative sizes could be useful, although most likely the whole issue will get nothing more than an embarrassing chuckle.

[Gary and Alla 3,694]

My husband did not file complaint, in fact he was calling prosecutor's office to convince him to dropp NOC and dismiss the case (btw my husband is in martial art for about 10 years, and I am petit size, it really was an accident)

So neighbour called 911 saying that we are yelling too loud; then it is the city that pressed charges...

Thanks to everyone for input!

However it would be great to hear somebody sharing own experience being in similar situation and how it ended up.

Your neighbors never had a Ukrainian woman living next door and they are probably from Canada.

Your case was dismissed. Simply explain it and attach documentation.

[Kizana 4]

Your neighbors never had a Ukrainian woman living next door and they are probably from Canada.

Your case was dismissed. Simply explain it and attach documentation.

They're Americans

But you are so right, in Ukraine we knock the door and ask to calm down if any yelling at neighbors but not here... Different country, different customs...

I hope that my explanation will be enough

Thanks

[Ban Hammer 13,334]

Your neighbors never had a Ukrainian woman living next door and they are probably from Canada.