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No bill on a case and wants to file for permanent residence

Wichita Falls, TX |

ok this are the facts.
my brother got into a fight with his girlfriend 2 yrs ago and she called the cops on him and he was taken in, she claimed he hit her and strangled her(impending breathing) but she refused to press charges because she was lying of course. he got out on bail the next day but the state pressed charges on him for family violence/impending breathing, and without evidence the grand jury passed a no bill and no indictment and the case was dropped i think. Now he his trying to file to become a permanent resident my question is does he have to state he was arrested and the cause of his arrest, cus i was told a charge like that was cimt and with that he can be refused the card and deported or he has to state it on the application. or can it be expunged

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Attorney answers 3

Posted

Yes, he has to reveal the information about the arrest as well as any documents relating to it.

This is something that shouldn't be trifled with without the assistance of counsel.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

Asker

Posted

but if there is no bill will they still count it as a crime he commited

Veronica Tunitsky

Veronica Tunitsky

Posted

Unlikely, but he was in fact arrested so he has to disclose it.

Posted

He has to provide certified copies of the arrest and booking report as well as a certified copy of the case disposition. He must do this for any and all arrests/criminal issues (even some citations, so do not assume that simply getting a citation means you do not have to provide the information). It is always better to err on the side of caution when it comes to criminal issues and immigration cases. Whether your brother has a serious issue that will prevent him from obtaining residency depends on many factors and he should definitely have an attorney's help with his case (one crime can make you inadmissible in many ways, so a conviction for something like what your brother was charged with could make him inadmissible for a CIMT, aggravated felony depending on the case, crime of violence, etc. - the crossover between criminal law and immigration law is very tricky and not to be taken lightly). These cases can and do become very complex very quickly because details matter, so while you think this may be his only issue the only way to be certain is consulting with an immigration attorney, which I highly recommend in this circumstance. It is very difficult to get an attorney's help once a case has become very hard (someone files application on their own, something goes wrong, now scramble to get attorney's help and this usually results in the attorney costing A LOT more money). You can save yourself a lot of headaches by getting the help BEFORE you apply for anything with immigration when you know you have potential issues.

Asker

Posted

conviction means finding that person guilty of the crime right? according to my question he wasn't and the case was dropped so what i am asking now is will it still count against him if he was arrested for the charge in the first place.

Kara Lien Roberts

Kara Lien Roberts

Posted

Actually, Immigration has its own definition of "conviction" and that does not necessitate a finding of guilt (this is why it is never easy to answer such questions and there is always the chance that certain details could result in it being a conviction for immigration purposes), but based on what you've indicated it does not appear to be a conviction (only way to know for sure is to get the records and research based on that if you know how to conduct such research, but better off hiring an immigration/criminal defense attorney). That by itself is not likely to "count against him" as you say, but you are really talking about admissibility which involves much more than just criminal issues. Considering the fact that your brother already has this criminal issue, it is likely to draw attention to his application warranting a closer look and it is in his best interests to not pursue any benefits from USCIS without an attorney.

Asker

Posted

a 5 thousand bail, not going close to her and any of her family members and also siezed gun handling privileges dose were the things he was told to do until an outcome on the case was established(no bill), so am kinda confuse as to how immigration see conviction differently?? thanks for ur detailed response by the way

Kara Lien Roberts

Kara Lien Roberts

Posted

You're welcome. Immigration just has its own rules regarding whether something is a conviction and it involves reviewing the original charge, the outcome, and conducting research. The crossover between immigration and criminal law is very complex and even experienced attorneys sometimes struggle with it and can get it wrong. No matter how much detail you provide, there would be no way for an attorney to comfortably give you the answer you seek without reviewing the actual documents and conducting research; if it was possibly to safely do so on a forum such as this, you would already have an answer. Anytime someone has a criminal issue (even what most would consider minor), they generally need to consult with an attorney directly because of the potential complexity and the risk of giving bad advice on incomplete information. I'm sorry I cannot give you much more help/direction except to tell you to get your brother to an immigration attorney as soon as you can. Let me say this though, your brother should not get it expunged unless/until he has numerous certified copies of the documents related to the case. Sealed/expunged records do not matter to Immigration - you must provide certified copies of documents from the cases, so be sure to have many of those ready (certified copies of arrest and booking reports and certified copies of the case dispositions at a bare minimum) before the record is sealed/expunged. If money is an issue, your brother may be able to get assistance form a local area legal aid organization or other non-profit offering free/low fee legal immigration services to low income persons.

Posted

Yes, he will need to reveal the arrest and provide documents certifying the outcome of the case. If the charges were dropped, he should be OK. Failing to reveal criminal history on an application could result in the denial of his permanent residence. It sounds like he could benefit from the help of an immigration attorney.

www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.