Criminal Law criminal background check prior to green card interview

[subdeoetlege]

Hi all, I have a question that hopefully someone can answer. Currently I am living in Europe, and have been doinf so for the past 5 years. My mother is a US citizen, and my date for my green card interview is coming up. My question(s) is regarding the criminal background check. ( I attended law school in the US but never graduated) I know the INS has different standards when evaluating criminal backgrounds. When I was at college in Va, I was arrested once for being drunk in public. There was no trial, it was just the drunk tank, I had to pay 50 bucks the following morning and I was let go. The next thing I have hanging over my head like the sword of Democles is that in 2002 I was cleaning a gun when it accidentally discharged (almost shot my toe off). Of course a worried neighbor heard the shot and the police were called. I thought that using humor was the way to go but the officer had no appreciation for humor and charged me with reckless use of a firearm. Shortly after, my lawyer explained how certain details were lost in translation and the DA dismissed the case if I agreed to volunteer a week at a Salvation Army store for a couple days, which I happily agreed to. I know that if I had accepted a plea bargain during the trial, for immigration purposes I would have been in trouble, but the specfic wording is dismissed before trial, not a finding of not guilty AT trial in exchange for some punishment, which for INS purposes means guilty as charged. I know anything related to firearms is a hot button issue for the INS people, so my question, two prong, is whether either the drunk in public arrest or the dismissed reckless use of a firearm charge would cause me to fail this upcoming background check. Since 2005 I have been living in Hungary and the UK and I do not have as much as a speeding ticket in either jurisdiction.

Thanks for any insight in advance guys

 

[subdeoetlege]

One more relevant thing, I just checked the virginia court records and it was reckless "handling of firearm", a misdemeanor charge. Not that it makes a big difference, a charge is a charge.

 

[bluemann33]

The drunk in public is no big deal, so no worries there. If your other case was dismissed then there is no conviction. It may show up as you being charged but will also show the case was thrown out. You should be fine with those matters. You could always contact a immagration attorney and get their expert opinion. Good luck and hope all goes well for you.

 

[bluemann33]

One more relevant thing, I just checked the virginia court records and it was reckless "handling of firearm", a misdemeanor charge. Not that it makes a big difference, a charge is a charge.

Or you could just sneak in, have a child and get all the perks of our so giving government to illegals........JUST JOKING SO DONT RIP INTO ME> JUST TRYING TO ADD A LITTLE HUMOR THIS MORNING>

 

[subdeoetlege]

LOL, I chose not to take that route. I moved back to Europe when my visa expired, and we'll see where that will have gotten me in march when my interview comes up.