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Can I get a green card if I have an assault family violence case which was dismissed?
I had an assault family violence case against me in early 2009 when some neighbor overheard argument between me and my wife and called 911. Was arrested - no questions asked - and later released. The case was also later dismissed but I ended up with it on my records.
Attorney answers (3)
Reputation Level 17
Answered over 2 years ago.
Immigration Attorney in Chicago, IL.
You must disclose any arrest and provide a certified disposition from the court. From your description, it does not sound as if the arrest will make a difference to your eligibility for EB-1 permanent resident status. You may want to discuss the details with your own independent immigration counsel before bringing it to the attention of your company's lawyer.
Scott D. Pollock Scott D. Pollock & Associates, P.C. 105 W. Madison, Suite 2200 Chicago, IL 60602 (312) 444-1940 fax: (312) 444-1950 e-mail: spollock@lawfirm1.com internet: www.lawfirm1.com Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features.
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Reputation Level 17
Answered over 2 years ago.
Immigration Attorney in Chicago, IL.
You must disclose any arrest and provide a certified disposition from the court. From your description, it does not sound as if the arrest will make a difference to your eligibility for EB-1 permanent resident status. You may want to discuss the details with your own independent immigration counsel before bringing it to the attention of your company's lawyer.
Scott D. Pollock Scott D. Pollock & Associates, P.C. 105 W. Madison, Suite 2200 Chicago, IL 60602 (312) 444-1940 fax: (312) 444-1950 e-mail: spollock@lawfirm1.com internet: www.lawfirm1.com Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features. 
I would concur with the previous lawyer's response. The arrest should not have an impact on your application for residency. However, you MUST disclose the arrest. If you want to keep the situation in complete confidence from the employer, you may consider telling your employer that you want to use outside counsel.
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