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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default Domestic Violence Charges Against a Green Card Holder

    I was arrested on DV charges (against my wife) and got release. I didn't plead. My criminal defense attorney got me a out of the court verbal deal that If I'll take state approved anger management classes my case will be dismissed. I didn't sign anything any admission of guilty or deferral agreement.
    I am green card holder and able to file my Citizenship next year. Looking into the naturalization forms N400 in section D question number 19 is regarding to deferral or diversion deal. When I have to fill this in future what should I put in it. I just want see my situation is immigration safe or not. My lawyer and DA are telling me I don't have to say yes because this verbal deal is only for DA but not for court and after finishing the classes everything will be dismissed without mentioning this deal. Any advise.........

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Domestic Violence Charges Against a Green Card Holder

    When you enter into an agreement whereby criminal proceedings are deferred while you take anger management classes and will be dismissed upon your completion, that's reasonably deemed a deferral. When dealing with the USCIS it's far better to tell the truth and provide an explanation than it is to try to hide the information and have them later accuse you of lying.

    If you believe you have wiggle room to try to hide this incident I suggest that you retain an immigration lawyer to review the full facts of the case and advise you.

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