Another Case Dismissed in Gwinnett County
Case dismissed in Gwinnett County against a Green Card holder. Our client was a Lawful Permanent Resident, LPR, charged with an aggravated felony. Sadly, he had been approved for naturalization and was awaiting his taking of the Oath of Allegiance, which is the final step to becoming a United States citizen. Just days before he was scheduled to take the oath, his estranged wife called the police and falsely reported him of committing a crime. When the police arrived they immediately took the side of the estranged wife, and never listened to a word my client said, despite the fact that his wife's story continued to change and the facts and circumstances of the case were all inconsistent with her version of events.
With no visible injury, and a story that changed repeatedly, they arrested my client and charged him with Family Violence: Battery. Based on his immigration status, as soon as USCIS learned of the charges they immediately revoked his approved N-400 and awaited the outcome of the case to determine if they would in fact take away his Green Card and deport him back to his county of birth.
After several months of investigating, we clearly established that our client was not the aggressor and had not done any violence whatsoever to the alleged victim. Subsequently, all charges were dropped against our client he was immediately able to reapply to naturalize and become a citizen in the United States.
Practice area(s): Criminal Defense
Court: Gwinnett County State Court