H4 dependent with arrest records


Luv

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Hi,

 

I am attending for H4 dependent visa interview and need your help in answering couple of questions regarding my case history.

 

It was my first trip to US in 2008 and I was very new in the country, made a very stupid mistake of hurting my kid while trying to keep away from putting her hand in her mouth to protect her from the Flue pandemic, out of fear and motherly love, my lack of Intent to harm the child is obvious. Despite my lack of intent to harm the child, I readily accepted responsibility when questioned by a police officer and CPS. I informed the CPS accordingly, felt remorse and entered an Alford plea.


Details of the case:

 

Police Charges Filed: Assault of a Child in the Third Degree - Domestic Violence, RCW 9A.26.031(1)(d),(f) and 9A.36.140. May 2009

 

Prosecuting Attorney Charges Filed: Assault in the Fourth Degree (Guilty Plea)

 

Judgment and Sentence by Judge: Assault in the Fourth Degree RCW 9A.36.041 (imposition of sentence  against the defendant is hereby DEFFERRED for a period of 360 days with 0 days jail (no jail) and with additional conditions - No law violations and no end of sentence hearing required) – Judgment date Aug 2009

 

Vacating Order: motion approved for order vacating conviction records for the Count No.1 Offense: Assault in the Fourth Degree RCW 9A.36.041. Received the approved copy from court on Feb 2017.

 

In the vacating order issued by the court says “For all purposes, the defendant may state that he or she has never been convicted of the offense (Assault in the Fourth Degree RCW 9A.36.041)"

 

Now, during my visa interview what should I say for the question "have you ever been convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?”.

 

If the visa interviewer asks further details of the crime what details should I provide and what not. Please suggest.

 

Appreciate your help.

 

Regards,

Luv

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