Common Assault (converted to Section 10 ) in Australia and impacts to US Green Card procee

[Sajhanep]

 

A friend of mine is an Australia citizen but intends to move here in the US as a family Green Card. The only thing she's having dilemma is she has had this common assault charge 3 years back in Australia but that case was later converted to Section 10 (I think that doesn't keep any criminal records). She was given a good behavior bond for 9 months. She was here as a tourist visa recently as well. Her Australian police report is clean. Now questions are with green card process: 
1) Does she need to disclose this while filling her I485? 
2) If she needs to disclose, how much impact would this make her GC approval process?

 

Suggestions would be highly appreciated. 
Thank you.

[sam3215]

On 1/12/2017 at 3:43 PM, Sajhanep said:

 

A friend of mine is an Australia citizen but intends to move here in the US as a family Green Card. The only thing she's having dilemma is she has had this common assault charge 3 years back in Australia but that case was later converted to Section 10 (I think that doesn't keep any criminal records). She was given a good behavior bond for 9 months. She was here as a tourist visa recently as well. Her Australian police report is clean. Now questions are with green card process: 
1) Does she need to disclose this while filling her I485? 
2) If she needs to disclose, how much impact would this make her GC approval process?

 

Suggestions would be highly appreciated. 
Thank you.

was she arrested? if yes, she has to mention in the GC application I485 there is a section asking about charged/arrested even if not convicted you have to mention it.. provide the court docs as proof you are not prosecuted..

[Sajhanep]

She was not arrested. She just called by court and court gave her a 9 month behavioral bond and after that the case is dismissed. Her Police report is clean. 

Does this mean she needs to check yes in I485? 

[pontevecchio]

Since AOS is a serious matter for her, she should discuss the matter with say the firm of Murthy with facts.

[Sajhanep]

What about DS-160 where it asks : Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? should it be Yes or No. 

I got many comments online saying No and Yes. The No  because she doesn't have any criminal records in australia. 

What is a "section 10" ?

The expression "section10" refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. This section allows a Court that finds you guilty of an offence, to discharge you without recording a conviction. Because there is no conviction, there is no criminal record. 

 

What should she write on DS-160? Please help.