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

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. 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. 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 response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Response is for informational purposes only. Time is of the essence. Do not delay. See a lawyer immediately.


  3. 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 respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

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