Legal Question in Immigration Law in Louisiana

Dismissed misdemeanor charge

Hi! 9 years ago my husband and I were visiting New Orleans for a graduate school conference. Leaving a restaurant one night, we were arrested for Public Intoxication, disturbing the peace and resisting arrest by refusing hand-cuffs. We were held in jail overnight and taken to municipal court in the morning, where my graduate school advisor spoke to the Judge before our case was presented -and we were let go- no charges, no penalty and no paperwork. I have now filed for my 485 and disclosed the same to USCIS. But I have no paperwork except the original sheet listing the charges given to us by the cops. The court refused to give us a court disposition or no record letter since our case was not even presented to the court officially. Will this cause any problems? Is there anything else I can do to provide proof - like affidavits from my advisor etc? Thanks, any advice appreciated!


Asked on 9/16/07, 3:48 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Dismissed misdemeanor charge

Well, if the case was never filed it wasn't dismissed just to clear up that one point. This can cause trouble as the USCIS will usually want to see an official disposition for the case. Your explanation may be sufficient. Otherwise, you may need to hire a legal service to search the court records of New Orleans and certify that there is no record related to you.

At your service,

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Answered on 9/16/07, 7:09 pm


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