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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94144
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi, so I should to answer yes in arrest record column in form

Resolved Question:

Hi, so I should to answer yes in arrest record column in form D160?
and what are the good moral values I need to prove my self, I had only this case in my life and I did nothing wrong, I was completely panicked and took classes to dismiss this charge.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
If you were not guilty, you probably should have hired a good criminal law attorney to fight against the case, but it is too late now. A dismissal should be fine as long as it does not fit into the following:


INA § 101(a)(48), the definition of a conviction. It states that:
(A) The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-


(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and


(ii) the Judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.


(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.



So since your case does not seem to fall into that, it would have the least affect that it can on your case. You will have to answer yes to having an arrest record because you do, but this is why you take the certified copies of the police report and court disposition. If you can obtain good moral character letters from important people in the community and from friends, family, co-workers, neighbors, bosses, etc., that could be helpful at the time of the interview.
Customer: replied 9 months ago.

I am little confused of the terms and worried, in the court trial, they offered "plea bargain" to finish 6 classes and dismiss the charge. Please advice.

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Because it does not look like, "the Judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed" then I do not think that it is a conviction for immigration purposes. So as I said before, other than a not guilty finding, it is the best that you can get and should have the least amount of affect against you. But if you can avoid travel and just extend your status in the U.S., that would be the best thing to do.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94144
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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