Question About Assault Arrest - Charges Dropped

[Jennifer0220 31]

2 minutes ago, Rob Beri said:

Please, do not take what I say for granted as I am no expert on this subject. However, I can talk from my experience, and how I handled my case. I am still waiting on my NOA2, and I still have a long way to go before I get either approved/ denied. 

 

The petition does not require for you to write/ add an explanation. This part is optional. However, if you feel that the court and/or police documents do not explain the totality of your circumstances then you can provide an explanation. I would NOT suggest doing that because then you are going against what the court and/ or police have on your record. Your side of the story is irrelevant to immigration purposes. What I did, however, is in the supplemental section state that I was arrested for X on Z, that the outcome of my charge was Y, and that I have provided all of the supporting documentation from the court, and police department to support this statement. Basically, just briefly summarizing to the person reviewing my petition what they are going to look at. 

 

I would be not as nervous if I was you. I have seen a ton of people, petitioners, with a sea of arrest having their petitions approved. Just be honest about it from the get-go.

 

Best of luck. 

 

 

 

Ok. I will attempt to keep that part brief.  The only charge i can really challenge any way is the assault charge because i didn't do it. The state clearly felt the same way because the case was dropped.

 

I was going to write a short overall explanation of that year of my life. Just explaining that i was young, stupid, in a bad relationship, and had a bad group of friends. That it didn't like the direction my life was headed, so i completely turned it around over the next year, went to college, earned academic scholarships, worked hard, etc.

 

I guess that can't hurt?

[Rob Beri 68]

12 minutes ago, Jennifer0220 said:

Ok. I will attempt to keep that part brief.  The only charge i can really challenge any way is the assault charge because i didn't do it. The state clearly felt the same way because the case was dropped.

 

I was going to write a short overall explanation of that year of my life. Just explaining that i was young, stupid, in a bad relationship, and had a bad group of friends. That it didn't like the direction my life was headed, so i completely turned it around over the next year, went to college, earned academic scholarships, worked hard, etc.

 

I guess that can't hurt?

I would refrain from doing that. The USCIS and the person/ officer reviewing your case has thousands of other petitions to review. Facts are the only relevant factor to them. It will only add unnecessary work to their workload, which could aggravate the officer reviewing your petition.  Others might argue about this, however, that is how I see it. If they need/ want to know more anything about your arrest you will receive an RFE.

Edited January 15, 2020 by Rob Beri

[Jennifer0220 31]

51 minutes ago, Rob Beri said:

I would refrain from doing that. The USCIS and the person/ officer reviewing your case has thousands of other petitions to review. Facts are the only relevant factor to them. It will only add unnecessary work to their workload, which could aggravate the officer reviewing your petition.  Others might argue about this, however, that is how I see it. If they need/ want to know more anything about your arrest you will receive an RFE.

Ok. I appreciate your input. Thank you!!

[Limey 551]

13 hours ago, Rob Beri said:

I would refrain from doing that. The USCIS and the person/ officer reviewing your case has thousands of other petitions to review. Facts are the only relevant factor to them. It will only add unnecessary work to their workload, which could aggravate the officer reviewing your petition.  Others might argue about this, however, that is how I see it. If they need/ want to know more anything about your arrest you will receive an RFE.

I agree. You can work too hard at explaining the blots on your record.

 

Unlikely that USCIS will deny a petition based on a "crime" that you were not charged for, especially where its a relatively minor one (there is no suggestion that the other party was injured). Answer yes having been arrested for domestic violence (as it would be considered such), provide the documents that show it wasn't prosecuted, and at the very most explain that it was a counter accusation by someone who had assaulted you. USCIS is going to be more interested where there are one or more of the following

1) multiple arrests for DV
2) convictions

3) more serious assaults, ie injuries to victim

As to worrying about sex outside of marriage in Morocco - though a crime in Morocco, its unlikely to be an issue for the US immigration. There are many same sex couples on this forum who are from countries where homosexuality is illegal - that doesn't cause them issues with US immigration. I wouldn't mention it unless it comes up, but don't be concerned if it does.

Edited January 15, 2020 by Limey

[Jennifer0220 31]

1 hour ago, Limey said:

I agree. You can work too hard at explaining the blots on your record.

 

Unlikely that USCIS will deny a petition based on a "crime" that you were not charged for, especially where its a relatively minor one (there is no suggestion that the other party was injured). Answer yes having been arrested for domestic violence (as it would be considered such), provide the documents that show it wasn't prosecuted, and at the very most explain that it was a counter accusation by someone who had assaulted you. USCIS is going to be more interested where there are one or more of the following

1) multiple arrests for DV
2) convictions

3) more serious assaults, ie injuries to victim

As to worrying about sex outside of marriage in Morocco - though a crime in Morocco, its unlikely to be an issue for the US immigration. There are many same sex couples on this forum who are from countries where homosexuality is illegal - that doesn't cause them issues with US immigration. I wouldn't mention it unless it comes up, but don't be concerned if it does.

Thank you!  I feel a little bit better, but still worried.  I do have one theft conviction.  It's the only conviction.  Hopefully that doesn't affect the application.

 

I talked to my fiancé about keeping his child a secret and he refuses to.  He's already completely in love with her, so I figured that would be his reaction.  So, I warned him.  It's his choice, I suppose.

 

Thank again!

[Limey 551]

2 hours ago, Jennifer0220 said:

Thank you!  I feel a little bit better, but still worried.  I do have one theft conviction.  It's the only conviction.  Hopefully that doesn't affect the application.

 

I talked to my fiancé about keeping his child a secret and he refuses to.  He's already completely in love with her, so I figured that would be his reaction.  So, I warned him.  It's his choice, I suppose.

 

Thank again!

 

Assuming you are the US citizen, then the theft conviction shouldn't be an issue at all. Criminal convictions of the US petitioner are normally only an issue if they involve things that might suggest they are a threat to the beneficiary (immigrant), hence the issue with domestic violence.

[Jennifer0220 31]

1 hour ago, Limey said:

 

Assuming you are the US citizen, then the theft conviction shouldn't be an issue at all. Criminal convictions of the US petitioner are normally only an issue if they involve things that might suggest they are a threat to the beneficiary (immigrant), hence the issue with domestic violence.

That's good to know.  Thank you for your help!

[Ontarkie 14,221]

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