My wife got arrested due to domestic violence in colarado state. Due to uncontrollable emotions I called the police and have her arrested. However case got dismissed after the first hearing as I (victim) wanted to dismiss the case and send my wife back to home immediately. She was put in jail for a day. Now I am processing my wife's L2 visa? Should I select YES for "Have you ever been arrested?" question or I can select NO.
Also please adivse me how to obtain a copy of dismissal order?
Thanks you so much for answering. This is very useful. I just pulled the case information from LexisNexis. The status of the case is CASE CLOSED-CASE DISMISSED. Case closed on 12/23/2008. Do I still need to answer YES for the immigration question "Have you ever been arrested for any crime or offence"? Thanks in advance.
DUI / DWI Attorney
You can get a copy of the dismissal order from the court. You should get a certified copy of the dismissal. Your wife is probably entitled to petition the district court to seal her criminal history. she should definately do that if she is eligible. Until her case is sealed however, she probably needs to answer yes to the question of whether she has ever been arrested. I would recommend getting her an attorney that specializes in immigration matters before she turns in her application and to petition to seal her arrest as soon as possible.
Criminal Defense Attorney
Your biggest issue at this point should be getting an immigration lawyer. While the case may have been dismissed your wife’s record will show that she was charged with the original Domestic Violence charge. The charge alone is going to have ramification on your wife visa.
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