Husband arrested for felony DA wont prosecute HELP!

[charles1]

Hello all,

First of my name is Melissa and I just want to say wow there is so much one can learn here. OK enough to business. This is the situation: My husband was married got divorced from a US citizen and did not file through his ex wife. Now I married him because it is true love and have credit card debt and bank accounts together and so on. Now I want him to become a permanent resident. So I want to sponsor him and claim him though he is worried that he was arrested for a felony. Though this is what happened. He was arrested booked and released by bail. We got an attorney and the District Attorney said he will not prosecute him. There is no charges pending and his background came clean from a job interview. They did say it shows he was arrested but not convicted. Also the district attorney gave us a paper Titled TURNDOWN which states the DA will not prosecute.

So my question is will this affect my husband chance of being issued a green card?

Fact about him
1. Came here legally was inspected by an INS officer has his I-94
2. Over stayed his visa. (Not his fault he was 3 when he came here and his parents always told him he was legal until he was 16)
3. He has been here since the age of 3 and now is 23
4. Good guy looks more European than Mexican and is a good character and is above average looks wise LOL I say this because most picture illigals like criminals or gang related.
5. High school grad and going to college to be a doctor
6. Has a social security card and has reported taxes on time
7. Never left the country and has no family and knows more about the US history and its ways than I do
8. Over all a good character and all his friends think highly of him and is liked
9. Has no family in Mexico has family in Germany though.
10. He is deeply in love with me and as well I am with him.


OK so I read, there are a lot of problems adjusting status if convicted of a felony but my husband was not convicted just arrested and the DA said he won’t prosecute.

So any help would be greatly appreciated.

Sincerely,
Melissa

[MDawg]

I am not analyzing whether or not he is eligible for adjustment of status otherwise, but an arrest only that does not result in a conviction is a non-event for immigration purposes. Keep the documents you have to prove the case was dismissed.

He must disclose the arrest on any immigration applications, but unless there is a conviction the matter will not affect him.

[charles1]

thank you so much.
Well I hope he stay out of trouble and takes care of me. Well I will keeo this site up dated and let you guys know what happened