Does infraction from original DV fall under moral apptitude?

[ODATT 26]

So about 18 months someone I know was arrested for DV charge but later the sentence was reduced to infraction (disturbance of peace). At that point that person was about 2 years away from being 5 years PR. That person would have started N-400 process In Oct 21 but because of the arrest and court dates that person is not sure if they have to wait for another 5 years or can they start n-400 process?

 

I don’t know many more details but I can ask if some one has any questions that can help that person get answers. 

[JFH 12,190]

*~*~*eligibility question moved from “progress reports” to “general discussion”*~*~*

[Fahad86 113]

7 hours ago, ODATT said:

So about 18 months someone I know was arrested for DV charge but later the sentence was reduced to infraction (disturbance of peace). At that point that person was about 2 years away from being 5 years PR. That person would have started N-400 process In Oct 21 but because of the arrest and court dates that person is not sure if they have to wait for another 5 years or can they start n-400 process?

 

I don’t know many more details but I can ask if some one has any questions that can help that person get answers. 

DV itself is a crime of moral turpitude. was he given any kind of probation? or any anger management program? since the original arrest was for dv it can be against the filer since he still pleaded guilty for a lesser charge. 

I would consult with a lawyer just in case. Normally since the probation ended count 5 years or 3 years if married to a us citizen, can apply for citizenship. 

i will still consult with a lawyer. 

[retheem 566]

20 hours ago, ODATT said:

So about 18 months someone I know was arrested for DV charge but later the sentence was reduced to infraction (disturbance of peace). At that point that person was about 2 years away from being 5 years PR. That person would have started N-400 process In Oct 21 but because of the arrest and court dates that person is not sure if they have to wait for another 5 years or can they start n-400 process?

 

I don’t know many more details but I can ask if some one has any questions that can help that person get answers. 

What was the final outcome? Was he put on a probation? That would be a conviction for immigration purposes

Deferred prosecution? That's not a conviction

Pre-trial Diversion? Depends on your state.

 

Bottomline; anything that involves an admission of facts that would lead to a finding of guilt would be considered a conviction. 

[ODATT 26]

14 minutes ago, retheem said:

What was the final outcome? Was he put on a probation? That would be a conviction for immigration purposes

Deferred prosecution? That's not a conviction

Pre-trial Diversion? Depends on your state.

 

Bottomline; anything that involves an admission of facts that would lead to a finding of guilt would be considered a conviction. 

That person was asked to attend 16 weeks course and then in the final hearing "no contest" which the court took as guilty plea for infraction (disturbance of peace).

[retheem 566]

6 hours ago, ODATT said:

That person was asked to attend 16 weeks course and then in the final hearing "no contest" which the court took as guilty plea for infraction (disturbance of peace).

If it's disturbance of peace that's a civil infraction. Best thing your friend  can do is to run a background check on himself before applying for citizenship. if it comes up then disclose it. If it doesn't, go ahead and apply