Arrest in India - Filing for Citizenship

N

needCZ

Registered Users (C)
3 years ago (in 2007) I was arrested in India. I had been separated from my wife and went to India to meet my child at her house. She objected to my visit and we went to Police Station to dispute. On her false allegations, the Police arrested me. I was locked up. Next day, the lawyers appealed and I had bail orders from court. However, the bail orders arrived late and because of weekend and subsequent holiday, I ended up spending 4 days. She had approached the court to impound my passport so that I should not leave India and go to US. The court denied her appeal and I was allowed to leave for US on executing a bond.

There was no violence, no physical contact just a dispute over visit to child. However, the laws in India are much more in favor of woman and anything that woman says is admitted without any proof. (some people in India may know this).

Later, when I came back to US, I filed for divorce in US Courts and was granted in 2008. I had obtained GC on my own (employment based) in year 2004. So I was eligible to file for Citizenship in 2009. I was not sure of my case in India and its impact on Citizenship in US. So I waited. Please note that there is no record of my arrest in US as it all happened in India. The laws in India are different than in US. I do not have even a traffic ticket in US.

I am already consulting an Attorney but I think he is trying to put lot of fear into my head so that I can succumb to his $300 an hour fee. I am also thinking of talking to other Attorneys but I need your guidance so that I am better prepared.

So when I disclose about my arrest in N-400, how is it going to be treated? Will I get Citizenship? Does anyone know of any case where the arrest was in country other than US? How is it going to affect my "Good Moral Character" and how can I prove my innocence?
 
USCIS will never find out since for N-400 there is no Police clearance required from the home country, however this was just a arrest, you were not convicted for anything, if i was you just to avoid any drama and possible issues created by your ex-wife if she was to ever try to put you in hot waters and do something stupid, i will disclose it and provide all the paper work and leave it on the DAO.
This way you will never live under which quite possibly might just be unfounded fear from your previous beloved.
 
If you are uncomfortable with the attorney, you should find another. Be sure he/she is a member of the AILA organization. Interview them until you find one in whom you have confidence.
 
Disclose

Obviously, I am going to disclose this on my application. I have not committed any crime. Anyone can accuse anyone but it needs to be proved. I was arrested and spent few days in jail but later was released. Anyone from India knows how the laws take side of a woman, especially with a child.
 
needCZ said:
Obviously, I am going to disclose this on my application. I have not committed any crime. Anyone can accuse anyone but it needs to be proved. I was arrested and spent few days in jail but later was released. Anyone from India knows how the laws take side of a woman, especially with a child.
Click to expand...


You don't have to disclose this arrest because it happened overseas. USCIS usually cares about cases in which an FBI investigation is going to reveal, in this case, FBI databases aren't hooked to any Indian computer criminal system. If you mention this issue, you will be screwed like a bull being tortured during the running of the bull in Spain. Yes, I am asking you to omit this information because USCIS won't find about this issue in 100 years if they were to investigate. Do you have court documentation which USCIS can review? I suspect you don't and USCIS will likely want to see the information, and your word won't be sufficient to allay their concern. This is where the horse manure is going to hit the fan.. In addition, this was an arrest base on misunderstanding...

If you were arrested in the US, would have advised you to disclose it. Just ignore the Indian arrest, you will be smooth sailing to the citizenship.
 
Last edited by a moderator:
Court Papers

Al Southerner - Thank you for your reply. Yes, I do have the court papers from India about my release and then specific wording "allowed to travel to USA". The allegations do state about dirty things about false violence.

It is true that USCIS will not find my arrest but the form does ask question, if you were arrested before and the country etc.

More than likely, my ex may send those arrest papers to US Government. She is vengeful and feel frustrated as I am not in India to be nabbed.

It is catch 22 Situation, it is like having a Matador on one end and Butcher at the other. A bull has good chance to (not to) dodge Matador.
 
You must log in or register to reply here.
Top