Can obtaining citizenship be a problem for an arrest because of simple battery? The case got dismissed in pre-trial diversion.

Asked about 2 years ago - Atlanta, GA

I was arrested for a simple battery at the end of 2010. However, my case went through a pre-trial diversion and eventually got dismissed. The arrest record was also got expunged. I got my green card in 2008. Could this arrest lead to a future deportation? I traveled outside of US after that and I was asked about the incident/arrest at the US port of entry and Homeland Security let me in without any further question.

Attorney answers (3)

  1. Zachary Walter Procter

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Since you completed the diversion program and your arrest was expunged, it should not count against you for immigration purposes. Law enforcement agencies can still see the arrest on your record, which is why you may get questions about it, but it is not a conviction- the case against you was dismissed.

  2. Naveed Alam Quraishi

    Contributor Level 11

    2

    Lawyers agree

    Answered . Battery is not considered as a crime involving moral turpitude, so you should have no issues when you apply for naturalization. Be sure to have all records related to the case as well as a certified copy of the disposition, it is likely that you will be asked to produce them. Also, be ready to produce tax documents and tax transcripts on demand.

    You should consult with an immigration attorney before filing any application with the USCIS.

    Good Luck.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. James Regan

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . It seems you have your answer. But you should find an immigration practitioner to ask using Avvo.

    http://www.defendme.net | The response given is not intended to create, nor does it create an ongoing duty to... more

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