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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35574
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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what happen when wife filled a domestic violence against you

Customer Question

what happen when wife filled a domestic violence against you but decide to leave before seeing the judge
Does it affect you when u applied for citizenship.
Submitted: 9 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

Was this domestic violence order put in place or was it dismissed?
Customer: replied 9 months ago.

p c m 2

Expert:  Dimitry K., Esq. replied 9 months ago.
I am sorry, I am not sure I understand what you mean. Could you explain?
Customer: replied 9 months ago.

pls call 2 0 6 3 5 4 3 3 1 1

Expert:  Dimitry K., Esq. replied 9 months ago.
My apologies but I cannot contact you offsite or by phone as it would violate site rules. For that you would need to retain local counsel.
Customer: replied 9 months ago.

ok.it wa s not put in place or dismised .

Customer: replied 9 months ago.

she filled it but she regretted before she sees the judge and went home. but when i went to the city hall yesterday to checj if there is any ticket on my record...there was no ticket and said all they see is a domestic violence filled againts me by my wife.i just applied for citizenship.very worried.

Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your follow-up. Please allow me to assist you.

If this was never filed (or rather never ordered or entered against you), it DOES NOT affect citizenship. Only a formal order or a conviction ends up affecting citizenship. The order, if visible, would need to explained at your interview, but if it was never followed up and never entered, it does not affect the USCIS's evaluation of your petition.

Good luck.

Customer: replied 9 months ago.

What would i say to the uscis officer or what can i do to get deleted from my records. Thanks.

Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your follow-up.

For the second issue, you would need to retain a criminal attorney who specializes in 'expungements'. That attorney can file in court and ask that the records be sealed and not visible. The USCIS may still end up seeing the records however as their databases tend to go through seal requests. As for what to say to the USCIS officer, point out that the parties did not go through with charges and that the initial complaint was an error that the other party withdrew.

Good luck.

Customer: replied 9 months ago.

im feelling better but still really scared of the outcome of my interview.


based on that, will they decide whether or not to accord me citizenship, will they ask me to see a judge or will they say they will let me know about their decision on later days.


thanks!


 

Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your follow-up.

I can absolutely understand your fear and concern. As a naturalized citizen, I absolutely empathize. Based on this information they will either grant you a pass through the process or require additional interviews and a potential hearing. In either case you will obtain their decision in the mail later--they do not give you a decision immediately,

Good luck.

Customer: replied 9 months ago.

sorry i dont understand . grant a pass? in seattle people do their oath ceremony the same day. you think i will not be granted on my interview day, im i correct? how much chances i have to be granted citizenship

Expert:  Dimitry K., Esq. replied 9 months ago.

I am sorry, I do not understand. If this is your final interview and not a preliminary, then you are fine at this point. I do believe that if the interviewer finds that this is a problematic record that you may be denied the right to take the oath, but that is a very very low chance of probability if what you stated is accurate--that is, this was not entered against you as a formal order. Then you just need to explain it but it would not bar you from taking the oath.

Good luck.

Customer: replied 9 months ago.

here in seattle we only get one interview and you do the oath the same day mostly.i was at the superior court earlier, they said yes my wife did not see the judge but it will still show me as respondent.they also asked if im still married with her i said yes and we live together.do you think i should go with her on my interview date.

Expert:  Dimitry K., Esq. replied 9 months ago.

I do nto see what you have to lose by having her with you. Then she herself can explain that the filing was in error and that it is no longer (or never was) a conviction, which would therefore not affect your ability to pursue citizenship.

Good luck.

Customer: replied 9 months ago.

you are clear in your answers. do you think it can be sealed from background check when im appling for a new job?

Expert:  Dimitry K., Esq. replied 9 months ago.

Yes, it can, that is what the expungement can provide you if it is granted. The federal government could still see it, but a typical employe would not.

You are most welcome, I try to be as clear as I can whenever possible.

Good luck and please do not forget to positively rate my answers. Otherwise I do not get paid for my work. Thank you.

Customer: replied 9 months ago.

do you think i need a lawyer to do the expungement or there are forms that i can fillup myself if yes what is the form called.thank!

Expert:  Dimitry K., Esq. replied 9 months ago.

You will need an attorney for an expungment. There is no formal form for it, and it would require for the attorney to have a hearing in front of the judge. I am sorry.

Please take care.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35574
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 19 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

thanks. very satisfied and i will rate you right now.

Expert:  Dimitry K., Esq. replied 9 months ago.

You are most welcome, glad to help. I wish you most luck with your interview!

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