+1-800-997-1228
Questions & Answers

How will an arrest record affect I-829 processing?

I was arrested for simple battery, but then the case was dropped by the district attorney because of mistake of fact before the case went to trial. I submitted my I-829 petition four months ago. How will the arrest record affect the processing of my I-829 petition?

Answers

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    If the case was dropped, you should be able to apply for EB-5 without any problem. You will need to get a certified dismissal of the arrest record from the clerk of the court where it happened.

  • Avatar

    Kyle Barella

    Immigration Attorney
    Answered on

    Arrests are taken very seriously. Please consult a qualified EB-5 attorney to assist you with your matter.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Sounds like the incident occurred after the I-829 was submitted, and also the case was dropped. This should not have any affect on your pending I-829.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Based on the information provided, it may not affect the I-829 at all, but could be a consideration when applying for citizenship. Furthermore, the number or severity of these instances may result in the green card being revoked.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    It will slow it down, but not make you ineligible.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You must disclose the arrest, but since there is no conviction, it does not appear that you are removable from the U.S. or otherwise ineligible to receive your permanent green card. You should consult with an experienced immigration attorney who can review your court documents and advise you directly on this matter.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If the case was dismissed before trial, then it should not affect your pending case.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The arrest probably will not affect the approval of the I-829 application. There was no conviction therefore there is no possible ground of inadmissibility or removability.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You will be fingerprinted, but if there was not a conviction it would have no effect. If there was a conviction, we would need to evaluate to see if it falls within the petty offense exception.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.