Travel via Abu Dhabi to US with a Dismissed DV Case

[ThunderClouds]

I’m a green card holder since dec 2010. I had a domestic violence fourth degree arrest in feb 2015 in Washington state which was dismissed via a stipulated order of continuance(immigration safe SOC) . There was No guilty plea or no conviction. Case dismissed with prejudice in 2016 after I completed the DV class.I have court disposition records shows no gulity plea or conviction. I’m planning to go outside US for a trip and want to know any immigration issues when re-entry because of the tightened immigration laws under current administration.My return ticket to NY via Abu Dhabi and immigration check will be at Abu Dhabi preclearance immigration. I would like know any immigration issues at the immigration check in Abu Dhabi. Anyone had gone through similar situation? Should I cancel my trip? My spouse and Kid are travelling with me. They are US citizens.

[billrider321]

What is exactly in court disposition. Mine is similar GC with dismissed DV ,just cam back via qatar no issue.  Is you court disposition just a 2 page document. Does it say somewhere there is no guilty plea.

[pagladeewana]

You should be fine . Just carry all the court docs and be ready for secondary.

[ThunderClouds]

On 7/15/2018 at 1:27 AM, billrider321 said:

What is exactly in court disposition. Mine is similar GC with dismissed DV ,just cam back via qatar no issue.  Is you court disposition just a 2 page document. Does it say somewhere there is no guilty plea.

Billrider321: It’s a four page disposition doc. On the first page it shows assault 4th degree, DV:Yes, Plea: Not Guilty, Finding: Dismissed. There is one more place its written Plea/Response of Not Guilty Entered on charge. Did you go through a secondary inspection? Did they ask anything specifc to your case? 

[xTDx]

On 7/14/2018 at 11:51 PM, ThunderClouds said:

Case dismissed with prejudice in 2016 after I completed the DV class

What does this means ? If the case was dismissed and you plead not guilty all the time, why you had to take DV class ?

This seems to me as an admission of guilt and do not make sense to me.  But then again I am not a lawyer. in my defence, neither are the POE officers. So , I would be cautious and get it through a qualified lawyer. 

 

PS: Admission of guilt in immigration officer's eye is good enough for you to deny a visa in some cases. If you got a visa after the charge was dismissed and you had specified it on DS-160, you may be good for POE.

 

Nevermind, I didn't pay attention to your green card status. This should not be a problem but I would definitely get it through an immigration attorney. 

[billrider321]

21 hours ago, xTDx said:

What does this means ? If the case was dismissed and you plead not guilty all the time, why you had to take DV class ?

This seems to me as an admission of guilt and do not make sense to me.  But then again I am not a lawyer. in my defence, neither are the POE officers. So , I would be cautious and get it through a qualified lawyer. 

 

PS: Admission of guilt in immigration officer's eye is good enough for you to deny a visa in some cases. If you got a visa after the charge was dismissed and you had specified it on DS-160, you may be good for POE.

 

Nevermind, I didn't pay attention to your green card status. This should not be a problem but I would definitely get it through an immigration attorney. 

your points are very valid and thats why there is always a risk. In My case no admission of guilt but i had take anger management 8 hr class and 10 hr community service, this was not mandated by court it was voluntary.

Thunderclouds - No secondary inspection , went through a kiosk and I was not flagged,

[ThunderClouds]

2 hours ago, billrider321 said:

your points are very valid and thats why there is always a risk. In My case no admission of guilt but i had take anger management 8 hr class and 10 hr community service, this was not mandated by court it was voluntary.

Thunderclouds - No secondary inspection , went through a kiosk and I was not flagged,

Billrider321: What I understand is even if you take a court ordered dv or anger management class or pay fine that could be seen as conviction for immigration if there is an admission of guilt or no contest or admitting facts. There are two elements.Court ordered treatment without admission of guilt or no contest or admitting facts is not a conviction.Were you arrested and fingerprint taken? A kiosk(APC)usually decline biometric if there was a fingerprint during arrest .

[billrider321]

4 hours ago, ThunderClouds said:

Billrider321: What I understand is even if you take a court ordered dv or anger management class or pay fine that could be seen as conviction for immigration if there is an admission of guilt or no contest or admitting facts. There are two elements.Court ordered treatment without admission of guilt or no contest or admitting facts is not a conviction.Were you arrested and fingerprint taken? A kiosk(APC)usually decline biometric if there was a fingerprint during arrest .

On the court disposition it states that –

Assault family violence is dismissed for the reason, It has checkmark on other box,

The defendant has successfully completed anger management and 10 hours of community service, Wherefore it is prayed that the above entitled and numbered cause be dismissed.

 

  1. It was not court ordered.

2. I did not sign any sworn document agreeing to any plea. Probably something worked out between my criminal defense lawyer and district attorneys. I think they do this so that these case can be expunged after 2 years.

[ThunderClouds]

1 hour ago, billrider321 said:

On the court disposition it states that –

 

Assault family violence is dismissed for the reason, It has checkmark on other box,

 

The defendant has successfully completed anger management and 10 hours of community service, Wherefore it is prayed that the above entitled and numbered cause be dismissed.

 

 

 

  1. It was not court ordered.

 

2. I did not sign any sworn document agreeing to any plea. Probably something worked out between my criminal defense lawyer and district attorneys. I think they do this so that these case can be expunged after 2 years.

 

Each state has separate pre-trial diversion program. Mine is a stipulated order of continuance an agreement between you and prosecutor. You don’t need to admit guilt or facts or enter a guilty plea to partcipate in the DV counselling. Once you completed the class and in compliance with SOC the case will be dismissed.

[billrider321]

Thundercloud - Did you travell, if u r case is dismissed are you doing a expunction?  are u planning to file for N-400

[ThunderClouds]

Billeider321: Yes, I travelled. Had to gone through secondary inspection at abu dabhi preclearance.CBP officer verified the court disposition and asked about the incident.Waiting to complete three years from the date of case dismissal to apply for naturalization and I’m not sealing records at this point as advised by my immigration attorney.

[billrider321]

Thundercloud - Don't you need to wait for 5 years from dismissal date to consider for citizenship. You need to have 5 years of GMC, that is what i found from various lawyers in texas.

[ThunderClouds]

Billrider321: 5 years GMC is general. If your green card is through marriage then GMC wait time is 3 years from the date of case dismissal.