Will I-485 be affected by Simple Battery, Misdemeanor (domestic violence) that was nolle prosequied and expunged 10 years ago

Immigration 2 views 2 answers
10 years ago, we went to a club and got lost inside the club. My wife was upset. We came outside the club and was having an argument in our language. I was standing on a stair. I was begging her to go home. At one point I wanted to hold her but I lost control and fell on her. A police officer standing outside saw this, arrested me & charged simple battery, Misdemeanor (domestic violence). My wife begged him not to arrest me and My wife followed us to the jail, paid bond to release me immediately. Through our attorney, I entered a plea, did diversion program and the case was nolle prosquied and expunged. On the arrest warrant, the police even entered my first name, height and race wrong. Will this affect our I-485 which was applied through H1B (I am principal applicant)

Attorney Answers

2
Eric Rothstein ·
I assume this did not occur in New York so I suggest that you re-post your question in page for the state it occurred.
0 upvotes
Andrew Bartlett ·
You will reveal it and they may discuss it. Expungement does not matter. Only no-plea diversions give you a free pass. But your immigration attorney will look carefully at the disposition of the case and satisfy herself that it doesn't make you inadmissible. This sort of case - in most cases - can be committed by "mere touching" and then it does not have serious consequences. But it does depend on the state penal code and how it maps to the federal immigration statute, and what case law has to say about it.
0 upvotes

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