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?
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.
Arrests are taken very seriously. Please consult a qualified EB-5 attorney to assist you with your matter.
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.
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.
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.
If the case was dismissed before trial, then it should not affect your pending case.
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.
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.
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