Can I get a green card if I have an assault family violence case which was dismissed?

Austin, TX Viewed 28 times. Posted 18 days ago in Immigration

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.

I am on an L1-A visa. Have had F1 and H1B visas in the past. Have an otherwise impeccable record and higher educational background with 2 masters degrees from top US schools.

I am keen on getting a green card for myself and my family (wife + daughter).

1. Can I get one or the case on record will prevent me from getting one?
2. Can I apply in EB1 like all other L1-A appliations?
3. Would it take longer than normal L1-A processing times?
4. Is it necessary to tell this to company's lawyer filing the app?

Answer this question Add to list

Answers (3)

Scott D. Pollock

This attorney is licensed in Illinois and 1 other state. Posted 17 days ago.

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.

Scott D. Pollock

This attorney is licensed in Illinois and 1 other state. Posted 17 days ago.

Isaul Verdin

This attorney is licensed in Texas. Posted 16 days ago.

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.

Best of luck.