Criminal Law Waiting on Green Card but Diversion Case is pending

[Christinango84]

Hi,

I have a friend who applied for a green card. She already had the interview and everything went fine. The only problem is that her green card is on hold till she submits court documents of her arrest. She is on the diversion program which she has completed all the requirements such as 40 hrs of community service, seeing the probation officer and paying the fines. The officer then told her that her case will be dismissed in 3 weeks. Does she need to wait for the case to be dismissed before she can get the court documents?

Thanks,
Chris

 

[Michael Wechsler]

I have no idea as to the answer of your question because I don't know the details specifically. I can tell you that she'll be in a better position in 3 weeks having the case dismissed. An arrest does not mean that someone is guilty and there is a presumption of innocence in this country. In three weeks there can be a submission of the court documents pertaining to her arrest and, more importantly, the dismissal of all charges. That's the part where she can claim that she has never been convicted or found guilty of a crime which should affect her application.