I was charged with Assault on Female and Communication Threats in Dec 2002 (North Carolina). Detained for 48 hours and released on secure bond. It was with my wife. I received 12 months supervised probation under the differed prosecution and voluntary dismissals. I signed MOTION/AGREEMNET AND ORDER TO DEFER PROSECUTION from. Court also asked me to join change program for 6 months (June 2003). I completed change program in Dec 2003. After completing change program Case was volunteer dismissal in Dec 2003 so is probation (after 6 months) I applied for citizenship last year and had my interview couple of weeks back at Charlotte North Carolina. INS officer asked for all the arrest and court documents of my case. I gave both original and copy (by mistake) of Deferred Prosecution agreement and volunteer disposition to her. She said she will send her decision within 6 months. Now I am worried INS might put me under deportation proceeding (removal from US). does MOTION/AGREEMNET AND ORDER TO DEFER PROSECUTION involves any type of adjudication or admission of guilt or plea in NC? or dees is vary case by case do I need to worry about deportation? this is what I have signed the MOTION/AGREEMNET AND ORDER TO DEFER PROSECUTION from: http://www.nccourts.org/Forms/Documents/156.pdf

Its good thing you gave all the documents. Immigration can get all the papers from any court. 12 months probation is the problem thou case was volunteer dismissal. If the sentence less than 12 might you are safe. Thou case dismissed after 6month, actual you should applied after 5 yeas or probation. (If the probation ends in 2003 June you’re eligible in June 2008 because probation also counts. ) if INS declined US citizenship, you can request the court to change the sentence less than 12 months with good lawyer. I hope this helps.

You're responding to a post that's more than 2 years old. Whatever was going to happen with this case has most certainly already come to pass.

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