Will an arrest be an issue at my I-485 interview? 4 Answers as of September 29, 2010

I just received a notice from the US Citizenship and Immigration Services that I have an I-485 interview that I must attend. I was arrested for a domestic violence charge a few years back. That case was dismissed in court. Will this arrest affect my I-485 interview at all?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is maybe. On one hand, you did not get a conviction, which if that occurred and constituted a felony, a sentence of a year or more, that would make you inadmissible, and possibly removable. However, the Customs and Immigration Services does not end their determination with the fact that it was dismissed. If, during the interview, you admit to the act of committing aggravated felony domestic assault it could cause the Customs and Immigration Services and Immigration and Customs Enforcement to decide that your act was removable. Or if your explanation in your I-485 indicates culpability, you could be declared removable. It is important that you not enter your interview without the counsel of an attorney.
Answer Applies to: California
Replied: 9/29/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It should not affect the outcome but you will have to bring documentation from the court of the disposition of the case, if you did not already provide all this when you submitted the I-485 to the USCIS.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 9/28/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
If it was your only conviction and it was not a felony, it should not affectyour I-485 interview.
Answer Applies to: California
Replied: 9/28/2010
V U.S.A. Law Offices
V U.S.A. Law Offices | Michael Vu
It really depends on the type of dismissal. If the case was dismissed before a conviction, then the presumption of innocence applies and you would not be considered to have committed the alleged crime. However, if the dismissal if an expungement type of relief, it would have no legal effect for immigration purposes, and you would still be considered to have convicted of the domestic violence. A conviction of domestic violence would jeopardize your immigration, especially if it was a felony. If it is a misdemeanor, you could seek a waiver.
Answer Applies to: California
Replied: 9/28/2010
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