Citizenship interview with a arrest record

[a1v 4]

Citizenship interview of an individual is coming up, who has a arrest record 2 years ago, arrest was for DV(misdemeanor) but case was dismissed and expunged before trial.

what are chances for Applicant? i know this question should be asked from a Immigration attorney but i know there are some experienced individuals here.

thanks in advance

Edited April 26, 2016 by a1v

[JimmyHou 613]

Citizenship interview of an individual is coming up, who has a arrest record 2 years ago, arrest was for DV(misdemeanor) but case was dismissed and expunged before trial.

what are chances for Applicant? i know this question should be asked from a Immigration attorney but i know there are some experienced individuals here.

thanks in advance

Some people in these situations get approved, some don't.

This is not a permanent bar to citizenship, but may be considered evidence of failing to demonstrate good moral standing. If so, then it would constitute a temporary bar to citizenship. Usually, but not always, this temporary bar lasts for the statutory review period (3 years or 5 years depending on the basis for the application).

I'm not a lawyer... just my guess: if the person applies now, there's a chance of approval, but not a great one. That's just my impression from reading about these cases over the years... others who have been around longer can add their opinions.

Being able to explain the situation may make a difference and so having a lawyer may help, but is no guarantee of approval.

[johnnyenglish 2]

Citizenship interview of an individual is coming up, who has a arrest record 2 years ago, arrest was for DV(misdemeanor) but case was dismissed and expunged before trial.

what are chances for Applicant? i know this question should be asked from a Immigration attorney but i know there are some experienced individuals here.

thanks in advance

If the case was outrightedly DISMISSED then it wouldn't matter whether u were charged with a murder or DV. If the dismissal was in lieu of something like a community service, a fine, or diversions then it could be problematic for immigration purposes. You def need to see an attorney in person.

Edited April 27, 2016 by johnnyenglish

[a1v 4]

Found this on USCIS's website on this Page : https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter2.html

"If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes."

The person in this case was directed to do Pretrial diversion.

Edited April 27, 2016 by a1v

[JimmyHou 613]

Some people in these situations get approved, some don't.

This is not a permanent bar to citizenship, but may be considered evidence of failing to demonstrate good moral standing. If so, then it would constitute a temporary bar to citizenship. Usually, but not always, this temporary bar lasts for the statutory review period (3 years or 5 years depending on the basis for the application).

I'm not a lawyer... just my guess: if the person applies now, there's a chance of approval, but not a great one. That's just my impression from reading about these cases over the years... others who have been around longer can add their opinions.

Being able to explain the situation may make a difference and so having a lawyer may help, but is no guarantee of approval.

This is tricky as the response above indicates... I missed the part about the dismissal before trial... so I don't know if that means there was a judgement or not... I would consult a lawyer. You would have to disclose any arrests and charges (dismissed or otherwise) so it will almost certainly come up at the interview.

[a1v 4]

Thank you for your responses