I was set up for sexual assault of a child 6 years ago. My case was dismissed, I pay no fines, everything was drop. That was my 1st and last time I been to jail. Is that going to effect me to get my green card?" I'm also marry to a us citizen
A pure dismissal will not disqualify you from permanent residency. The problem is that many "dismissals" are viewed by DHS as convictions in disguised. For example, if you pled guilty and were on probation for a while or even paid court costs, and then later your case was dismissed, this could be considered a convicton by DHS ahd may bar you from permanent residency. On the other hand, if there was no plea of guilty or no contest, no fines, court costs, probation or penalty of any sort, then this will not count against you for permanent residency purposes. Naturally I agree with the others that for a serious matter like this you must obtain your complain court file and an arrest record and bring it to an attorney for review "just to be sure".
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you WILL have to explain this when you immigrate and that means providing all the reports and documents. go see an immigration specialist such as adan vega or bruce coane in houston. i have know them for over thirty years and they are the best
The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez, Elizabeth Cedillo or Yong Wood as highly skilled and experienced. In South Texas I recommend Jodi Goodwin from Harlengin or Leonel Perez of Edinburg. In San Antonio I recommend Bob or Nancy Shivers or drive to Austin to see me or my talented associate Jacqueline Watson.
I agree with my my colleague. A complete copy of the arrest record and any court proceedings will be required. It is likely that you will have to explain the totality of the circumstances that led to your arrest, whether you adjust status here or at the Consulate.
Do consult an experienced immigration attorney for assistance
Law Offices of J Thomas Smith, J.D., Ph.D.
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Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info
I agree with my colleagues ... get a complete copy of your criminal file and meet with an immigration attorney before you file any forms.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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