Applied for naturalization then got DV charge case dismissed

[Jane1000 3]

6 hours ago, Adujarric said:

 As long as you show proof that the case was dismissed you should be fine. You are assume innocent of any crime until proven guilty. A case being dismissed is just proof that you were innocent or that they didnt have enough evidence to show that you were guilty. Bring to your interview a court certified copy of your disposition & a letter from the court stating that you completed everything that was asked of you whether it was probation or post trial intervention which im assuming thats what SOC is.  This is just my opinion. I got my citizenship with 6 prior arrest with two of those being misdemeanor convictions and 4 dismissed cases.  

Thank you! That really makes me relax a bit and have a little hope in my case.

[Raja009 4]

8 hours ago, Jane1000 said:

Thanks everyone for your comments! I found that an SOC is not considered a conviction by immigration if the language used in the SOC is “immigration safe” (i.e. it doesn’t involve admission of guilty and the consideration of evidence is contingent upon lack of future compliance). I checked mine agreement and it never mentioned anything about admission of guilty, and it specifically said the consideration of evidence is based on if I fail to comply with the terms in the agreement. So hopefully I still have a chance.

 

 

Ref:

https://gshlaw.net/socs-withheld-pleas-and-acds-immigration-does-make-a-difference/

Good luck with you application Jane. In my experience you are much better off doing your own research studying the case law and prepare your own defense if any one questions you. Unfortunately all the lawyers whom I met are greedy I clearly knew in my case "dismissal without SOC" is not a conviction but the lawyers still scare you want your money one guy is so ridiculous he wanted $8,000. I did so much research that I wanted to become a lawyer and do a honest job to clients without ripping them off.

[Adujarric 67]

12 hours ago, Jane1000 said:

Thank you! That really makes me relax a bit and have a little hope in my case.

Yes you should be way more relax than i was when i had my interview because things got really weird for me during my whole process. Interview was cancel the first time, second interview according to uscis was scheduled by mistake because my background check hadnt gotten completed then i finally got my interview it was conducted at a different floor than regular interviews. A room full of empty cubicles  and corner offices where it was just me & the IO & a supervisor to witness my swearing before the interview began.   But good luck 🤞🏾  On yours! 

[Jane1000 3]

I just wanted to update that today I got the ceremony notice in the mail. Thank you all and for those who have similar concerns, there definitely is hope!

[STO Overland 137]

congratulations! 
 

I enjoyed looking through this thread, it was obvious that you were doing a lot of research yourself and it paid off. 
 

“Chapeau” for updating us on your case. 

[Adujarric 67]

17 hours ago, Jane1000 said:

I just wanted to update that today I got the ceremony notice in the mail. Thank you all and for those who have similar concerns, there definitely is hope!

Congrats 🎉🎊                                                         Thank you for updating us on your journey and sharing it with us. We all have different immigration journeys & we could help others by sharing our journey and giving others hope. 

[Nino2022 0]

On 6/28/2022 at 7:09 PM, Jane1000 said:

I just wanted to update that today I got the ceremony notice in the mail. Thank you all and for those who have similar concerns, there definitely is hope!

Congratulations, I have a case of a misdemeanor for a simple battery in Miami Fl, (Office field Miami), and it is like your Statutory Period is like your case... and well... I have 267 days waiting for the decision after 2 interviews .. and the worst of the case is that my case was NOLLE PROS without community service, Diversion Program, probation or anything like that .. on the contrary, the judge was very upset with the prosecutor for that charge, which did not make any sense, since the alleged "victim", filed the charge maliciously only with the intention of obtaining money from me... in short, the laws are backwards...; and if they saw the background check of the alleged "victim" you would go crazy

[Raja009 4]

@Nino2022  sorry to hear about your case, I understand your pain and the bay forward is to apply later with a clean GMC period.

[Family 4,262]

2 hours ago, Nino2022 said:

the worst of the case is that my case was NOLLE PROS without community service, Diversion Program, probation or anything like that .. on the contrary, the judge was very upset with the prosecutor for that charge

Nolle prosequi as in DA dropped ALL charges and there’s NO CONVICTION ? ?? ( conviction is required) . Have you asked your Congressman for help…there’s only so long they can delay without making a decision. There’s currently a class action lawsuit for N-400 delays https://www.americanimmigrationcouncil.org/sites/default/files/litigation_documents/challenging_uscis_naturalization_application_delays_complaint.pdf

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

1. Statutory Definition of Conviction for Immigration Purposes

Most of the criminal offenses that preclude a finding of GMC require a conviction for the disqualifying offense or arrest. A “conviction” for immigration purposes means a formal judgment of guilt entered by the court. A conviction for immigration purposes also exists in cases where the adjudication of guilt is withheld if the following conditions are met:

• A judge or jury has found the person guilty or the person entered a plea of guilty or nolo contendere^[8] or has admitted sufficient facts to warrant a finding of guilt; and

• The judge has ordered some form of punishment, penalty, or imposed a restraint on the person’s liberty.^[9]

[Nino2022 0]

Hello, Thank you for responding. Apparently, the Miami office stands out for leaving files that have had an arrest in oblivion on the desks. I have read of people with cases similar  mine who have up to 2 years after the interview without receive a decision... I am clear that the Nolle Pros is not considered a conviction, but also having been in contact with the law enforcement, within the Statutory Period, it is discretionary for the supervisor to approve me... Now, I have already made a first request and the answer that was given to me in March was "your case is under extended review". I also contacted my congressman and it was the same answer they gave me in my e-request... Now I am waiting for a response from the CIS Ombudman... Depending on the answer I will see what decision I make... but everything seems to indicate that I am going for a WOM

[Family 4,262]

5 minutes ago, Nino2022 said:

is discretionary for the supervisor to approve me.

While I understand there was contact with law enforcement. barring conviction, lack of other criminal record , a good show of paid taxes, Character Ref Letters from Community Members ( family/ friends/ church ..etc) any personal achievements you wish to highlight, denying it would be an abuse of discretion argument. 
But honestly, I would save the $$ for a WOM and just refile the N-400. If now incident  is now outside GMC , you may just skate by super fast 

[Don Godwin 225]

Hey guys I had a case similar to jane and it was a DV malicious mischief but case was fought and dismissed after my ex went back to court and admitted she made things up just because she wanted to teach me a lesson however the court requested me to get into SOC to take a therapy class which I did and the case was dismissed with prejudice, however I went on and file my N400 last year October and I had consulted with different attorneys it’s always something different and I stumbled upon a post here on VJ which says it’s fine that a dismissal case is not a conviction to USCIS however should I be worried about anything am in Washington state and my N400 interview is in May this year 

[Don Godwin 225]

On 4/28/2022 at 4:19 PM, Raja009 said:

@jane1000 I'm sorry to say this but an SOC for Washington state can be considered as conviction for USCIS. You should have fought for the dismissal of the DV case -- I hope is DV4 assault (misdemeanor and not Felony).

 

I had a similar DV4 assault case however luckly my charges were dismissed without any SOC, to be on the safe side I applied for N400 after 5 years from the date of dismissal. I submitted all official documents (docket, arrest report etc...).

 

During the interview the IO agreed that its not a conviction however as a standard process he took my documents and double checked that my case was dismissed prior to the GMC period (5 years) and then approved my application one day later. 

 

During the interview he said since the case was outside GMC he will not even ask any questions regarding the case. So I think the least you can do after an arrest/conviction is to wait for 5 clean years and then apply for N400.

No it’s not if you plead guilty or admitted to the finding evidence in the charging documents 

https://www.courts.wa.gov/content/manuals/Immigration/chapter6.pdf

Convictions Under Immigration Law CHPTR 6.pdf

[Ban Hammer 13,880]

thread almost 3 years old locked to further replies. 
should one have questions, start a new thread.

[TBoneTX 46,716]

To all readers:  If you have questions, start a new thread.  Do not complain because this old thread was locked.

 

VJ Moderation