N-400 - Good Moral Character Question

S

Shoba75

New Member
Hello! I am looking for advice on whether I need to consult an immigration attorney while filling my N-400. I became eligible to start the naturalization process for US citizenship this October and the N-400 question on Good Moral character reminded me of a legal skirmish I had with my ex-husband in 2005.

The incident was around an occasion where my ex-husband was physically trying to stop me from leaving the house after a bad fight and I had to pry my car keys out of his hand. When I left, he called 911 and the cop decided that I was to blame because I had managed to scratch his hand in the process of getting my keys. The cop logged a case of domestic violence against me and issued a summons. There was NO arrest but I did have to go to court. During the hearing the Judge heard the story and basically told my ex that he had no right to ever physically stop me from leaving. She dismissed the case and we left it at that.

This is past the 5 year period and the case was actually dismissed but I am planning to disclose everything that happened and attach the court summons with the judge verdict as attachments to my N-400. I am planning to answer NO to the question on whether I committed any crime but YES to the two questions that ask about cited and charged.

My question - is that sufficient? Do I still need to get an attorney to represent me or add anything else to my N-400 form?
 
If it was dismissed free and clear, without you having to pay any fine or go on probation or any other penalty or restriction, it won't stop you from being naturalized as long as you provide the court paperwork.

However, because you were charged and it went to court, the interviewer will select "decision cannot be made" and send your case for supervisor review. So your oath may be delayed a bit while that review is pending.
 
USCIS normally considers the moral character of the applicant for N-400 within 5 years' period BUT they can consider beyond the 5 years if they like to as laws allow them to do so. So this 5 years window means nothing.

You do not need any attorney because attorney can not do anything in your case other than just arranging and collecting all the documents pertaining to your domestic violence case, which I'm sure you can do pretty well yourself too.

You MUST need the CERTIFIED copy of dismissal of your domestic violence case because officer would demand it. It could be possible that that interviewing officer might try to put the word in your mouth that you were arrested, but you should keep consistent on saying respectfully that you were not arrested. Because if you answer something different orally on this kind of questions other than what you have put on the application then officer might deny your application for lying and misrepresenting yourself....a bad moral character clause. USCIS would come to know about your case anyway thru extensive background check even if you were not arrested and even if the case is dismissed. They would see that the case got dismissed but they might want to know if you were arrested or not.

You have nothing to worry about if case got dismissed and if you would have all the pertaining court papers about this case with you.

Good luck....
 
Thanks for these responses. What I have is a photocopy of the court paperwork that my lawyer sent me from the State where this happened.

Do I need to get a certified copy that is different from the photocopy I currently have? Does certified mean someone from the Domestic and Juvenile court will need to sign and certify that it is a copy of the original?
 
Shoba75 said:
Thanks for these responses. What I have is a photocopy of the court paperwork that my lawyer sent me from the State where this happened.

Do I need to get a certified copy that is different from the photocopy I currently have? Does certified mean someone from the Domestic and Juvenile court will need to sign and certify that it is a copy of the original?
Click to expand...

When the issuing authority gives the copy of the record with their seal or stamp on it then it becomes a certified copy. Thus, you have to check the photocopy of the court paperwork that your lawyer sent to you if there is a court seal or stamp on it or not. If not then you can get it from the court with some fees....usually $5-$8.Yes, you have to go to the court where the case was disposed of. Some courts do affix a note therein by saying that it is a copy of the original along with the stamp or seal of the court, while some courts issue the copy only with a court seal/stamp which is the same thing.
 
You must log in or register to reply here.
Top