How will an arrest record affect I-829 processing? - EB5Investors.com

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

Kyle Barella

Kyle Barella

Immigration Attorneys
Answered on

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

Dale Schwartz

Dale Schwartz

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
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.

Ed Beshara

Ed Beshara

Immigration Attorneys
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.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

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

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.