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  1. #1
    Join Date
    Jul 2009
    Posts
    5

    Default Green Card or Visa Application with Arrest and Nolle Prosequi on My Case

    i am F-1 visa holder,i am attending school and my visa has already expired.i want to apply for Green card because i got married with US citizen.I am scared they might turn down because last year i was arrested for hot check and i was charged with felony class C.The check was for school fees.When i went to court on my first appearance,the judge found out that i wrote the check to pay my tuition he told the prosecutor that under the state law on hot check my check was not related with hot check law because the law do not define tuition fee as a personal service,he told the prosecutor the school should drop me out of school and they were not suppose to charge me.the public defendant who was appointed by the judge to represent me agreed with the district attorney to file a motion.I have a copy of the motion and this is what the motion stated;

    The state of Arkansas,by and through the prosecuting Attorney for the judicial district,and moves to Nolle Prosequi the case pending against the defendant for the following reasons:

    1. That the stae has received information that this account may have been frozen without the Defendant's knowledge thereby affecting the State's ability to prove intent to defraud.

    2. That the State beleives this to be an appropriate disposition in this matter.
    Wherefore,the State prays the court grants its motion.

    This motion has been signed by the judge and prosecuting district attorney and it has a seal of the court.
    first i want to know if this motion will make me look not guilty and be able to get a green card.
    secondly my feelings is that the motion did not state what the judge said why he decided not to continue with the case.
    I had a job offer and they turned me down because they check my criminal background,when i called tthey told me to fax the motion i did but they haven't called me.So i assume they will not hire.
    This make me scared if i have been turned down a job because of this,immigration office will they even consider my green card application?
    Please if there is anybody who can help me on this,i real need you advice on what to do.

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

    Default Re: Green Card or Visa Application with Arrest and Nolle Prosequi on My Case

    The documentation, as I read it, states that the prosecutor did not believe they could prove a crime occurred. I would expect the USCIS to question you about what happened - and I think it would be a good idea to talk through how you will answer those questions with an immigration lawyer - but I would not expect a charge that was dismissed on the prosecutor's motion based upon the prosecutor's belief that he would not be able to prove his case to prevent naturalization.

    It appears that, based upon the dismissal, you can petition for an expungement - I suggest doing that, as that could help you with future employment situations.

  3. #3
    Join Date
    Jul 2009
    Posts
    5

    Default Re: Green Card or Visa Application with Arrest and Nolle Prosequi on My Case

    Thank you for your reply.i could you tell me more about expungement.

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