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Criminal record,case dismissed,applying for citizenship.

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  • Criminal record,case dismissed,applying for citizenship.

    OK,I posted this question in another thread but since it was Atlanta tracker,I didn't get a lot of input so I decided to start another thread in hopes to get more feedback.Bob,thanks for your tips.
    I have been arrested about 2-2.5 months ago for Simple Battery and had a court date for December 19,08.My case has been dismissed and no charges were brought against me,I have a letter from court confirming this.
    I sent my application in this month and have my FP appointment in Jan.6, 2009.
    I know that my arrest will show up and I know that my case has been dismissed but I am still worried about this.
    Will the IO ask for the arrest warrant papers and all?Should I just show IO my court disposition and not bring arrest warrant? I was falsely accused and arrest warrant has all this stupid story that was made up against me and I would hate for the IO to see it and have second thoughts about this case.
    What do you guys think about it? I do have a clean record and never been arrested,everything is good apart from this recent arrest.
    thanks everyone for any feedback.

  • #2
    this is exactly my case too. i would love to know various opinions ...

    Comment


    • #3
      The IO may ask for arrest record and court documents so bring both to interview. If you weren't convicted and the evidence shows this you shouldn't have anything to worry about.
      Sent N-400 7/28/07
      PD 7/27/07
      Check cashed 12/5/07
      NOA 12/7/07
      FP notice 1/4/08 (received 1/10/08 )
      FP Date 1/30/08 (walk in done on 1/26/08 Charlotte)
      IL: 6/10/08
      ID: 8/28/08 (Durham DO) Passed!
      OL: 9/23/08
      OD: 10/06/08
      PP: 10/21/08 (applied)
      PP: 11/1/08 (received)
      ------------------------------------------

      ------------------------------------
      IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

      Comment


      • #4
        This is what it says on page 25 of the Guide to Naturalization. They mention the arrest report, not the arrest warrant.

        If you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing, and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider.

        EB3 ROW I-485 Approved: July 2007
        USC: July 2013
        I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

        Comment


        • #5
          Originally posted by ganjik View Post
          this is exactly my case too. i would love to know various opinions ...
          No wonder why you would LOVEEEEE to know various opinions on this situation.

          Comment


          • #6
            Thanks guys,I am not sure what an arrest report is.I do have a court disposition that says that my case has been dismissed and no formal charges have ever been brought against me.This letter doesn't have all the details about arrest.
            However,I think USCIS may have access to arrest records since they do FBI name check and your arrest information is usually entered into FBI database at the time of arrest,right?

            Comment


            • #7
              5 Year Rule

              forex_dealer,

              I think you should be fine. Just take whatever the court papers that you have. I am sure you have disclosed about your arrest in the N-400. Officer will ask you and say yes. Tell him that you were released and all charges were dropped. Show the court papers. Beyond this point, DO NOT volunteer and tell anything else UNLESS specifically asked. Answer up to the point and do not give any answer that will pose another question. Be brief but truthful. Never lie.

              It is unfortunate that this happened in last 3 months. However, my guess is that you should have clean record for last 5 years. I am not sure how much this arrest will carry a weight. You MAY get rejected. Anyone has a different opinion?

              local_dealer.

              Comment


              • #8
                Originally posted by Avalon View Post
                forex_dealer,

                I think you should be fine. Just take whatever the court papers that you have. I am sure you have disclosed about your arrest in the N-400. Officer will ask you and say yes. Tell him that you were released and all charges were dropped. Show the court papers. Beyond this point, DO NOT volunteer and tell anything else UNLESS specifically asked. Answer up to the point and do not give any answer that will pose another question. Be brief but truthful. Never lie.

                It is unfortunate that this happened in last 3 months. However, my guess is that you should have clean record for last 5 years. I am not sure how much this arrest will carry a weight. You MAY get rejected. Anyone has a different opinion?

                local_dealer.

                Thanks for feedback,I do have a clean record for the past 5 years.I don't see how they can reject my case,I haven't been convicted and my case has been dropped,it would be ridiculous to reject somebody's case on this basis.For all they know,I might have been falsely arrested and completely innocent.

                Comment


                • #9
                  Hi...Can you please advise what happened at the interview?? Thanks!!

                  Comment


                  • #10
                    You don't have to worry about it since there is no conviction. IO may or may not ask for charge sheet but take it to the interview. if this is the only issue, USCIS cannot deny you since there is no conviction.
                    12/17/2010 - N-400 Mailed
                    07/20/2011 - Oath Ceremony - Houston

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