Applying citizenship with a dismissed 4th domestic violence record

[sammy2 2]

Hi, I hope you're all doing well. Back i 2020 September i got arrested in washington state for dv charges and hired a lawyer to represent in court and I was given 24month probation as a term to dismiss my case, i am planning to file for my citizenship soon and I don't know  what to expect. It's been almost 5 years after my conviction but I came here through a green card lottery back in Dec 2017. Please guide me on what to do, thanks I really appreciate 

[Boiler 45,852]

When did you complete your probation?

[sammy2 2]

I completed in February 2023

[Boiler 45,852]

February 2028 - 90 days well I would add a week or two on.

 

I would double check the charge will not impact your residency status.

[Family 4,112]

Title states ‘4th DV record ‘ ?
 

Does that mean you were arrested or had law enforcement contact for domestic violence four times ? 

 

Even traveling out of the country is risky for you , applying for N-400 is equivalent to walking into the tiger’s mouth.

 

I have zero sympathy for those who commit domestic abuse.

 

I don’t know your story…but come on FOUR DV records?!!…am enclosing 2 links 
 

 An average immigration attorney will hurt more than help you, one that specializes is going to charge you big bucks.
 

 

 

https://nortontooby.com/topics/domestic_violence

In general, a qualifying domestic violence conviction triggers deportation regardless of sentence, and regardless of whether the conviction is a felony or misdemeanor.[7]

https://www.ilrc.org/sites/default/files/resources/dv_case_update_march_2022_final.pdf

[Cathi 5,777]

Fourth DV charge/conviction? I'm surprised you haven't been deported yet, domestic violence is a CIMT, even if only a misdemeanor. 

Even a single conviction of domestic violence can lead to severe immigration consequences. Defendants who are not citizens of the United States should be advised that in many cases a single conviction of domestic violence can lead to removal, deportation, or denial of naturalization.

[Dashinka 24,697]

The OP needs to clarify, was it 4 DV charges, or Domestic Violence Assault in the 4th degree?

[Family 4,112]

14 minutes ago, Dashinka said:

The OP needs to clarify, was it 4 DV charges, or Domestic Violence Assault in the 4th degree?

Brilliant observation!
You are absolutely right about one DV charge…that OP managed to get 1st time offender diversion plea deal as a gross misdemeanor. 
‘If he had priors, it would go a felony as a repetitive offender. 

 

But as Norton Tooby link  and our very own @Cathipoints out in prior posts,  DV even as a gross misdemeanor is still a biggy as far as risk of getting placed in removal. 

 

 

RCW  9A.36.041

Assault in the fourth degree.

(1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.

(2) Assault in the fourth degree is a gross misdemeanor, except as provided in subsection (3) of this section.

(3)(a) Assault in the fourth degree occurring after July 23, 2017, and before March 18, 2020, where domestic violence is pleaded and proven, is a class C felony if the person has two or more prior adult convictions within ten years for any of the following offenses occurring after July 23, 2017, where domestic violence was pleaded and proven:

(i) Repetitive domestic violence offense as defined in RCW

 

https://app.leg.wa.gov/rcw/default.aspx?cite=9A.36.041

[sammy2 2]

4 hours ago, Dashinka said:

The OP needs to clarify, was it 4 DV charges, or Domestic Violence Assault in the 4th degree?

4th degree domestic violence 

[sammy2 2]

17 hours ago, Family said:

Title states ‘4th DV record ‘ ?
 

Does that mean you were arrested or had law enforcement contact for domestic violence four times ? 

 

Even traveling out of the country is risky for you , applying for N-400 is equivalent to walking into the tiger’s mouth.

 

I have zero sympathy for those who commit domestic abuse.

 

I don’t know your story…but come on FOUR DV records?!!…am enclosing 2 links 
 

 An average immigration attorney will hurt more than help you, one that specializes is going to charge you big bucks.
 

 

 

 

https://nortontooby.com/topics/domestic_violence

In general, a qualifying domestic violence conviction triggers deportation regardless of sentence, and regardless of whether the conviction is a felony or misdemeanor.[7]

https://www.ilrc.org/sites/default/files/resources/dv_case_update_march_2022_final.pdf

No just one time 4th degree domestic violence 

[sammy2 2]

4 hours ago, Dashinka said:

The OP needs to clarify, was it 4 DV charges, or Domestic Violence Assault in the 4th degree?

4th degree just one time no previous convictions.

[sammy2 2]

13 hours ago, Cathi said:

Fourth DV charge/conviction? I'm surprised you haven't been deported yet, domestic violence is a CIMT, even if only a misdemeanor. 

Even a single conviction of domestic violence can lead to severe immigration consequences. Defendants who are not citizens of the United States should be advised that in many cases a single conviction of domestic violence can lead to removal, deportation, or denial of naturalization.

Just one time forth degree domestic violence, no previous convictions.