Acquitted, records expunged yet decision not made

N

ndhelp

Registered Users (C)
Due to an incident at home with my wife, I underwent an arrest on second degree assault charges. On the Trial day, I was acquitted-plead not guilty.

I recently had my naturalization interview. I was asked about the arrest and I informed the officer about the day and location of arrest and showed a court certified disposition indicating Not Guilty - Acquittal.

She however still asked me questions about the incident. I told her that I got into an argument with someone I know (instead of my wife) and at one point I swung my hand in anger and it unfortunately hit that person.

The IO asked me who that person was. I answered that I feel comfortable giving you more details about the case in presence of my lawyer at a later date. The IO asked if the person was male or a female. I answered "female" and added that the whole incident was a misunderstanding and on trial I was acquitted.

The IO moved on with the app and at the end said that a decision cant be made at this point.

I recieved a letter in the mail asking for documents. it says - I MUST present the arrest record. IT also says thta if the information is not available get a letter stating that from the authorities.

I had my records Expunged. There is no info available. I am not able to get a arrest record nor can I get a court certified letter saying that my case is expunged. All I have is a letter the court mailed informing that the expungment is complete AND a true test document from the police indicating "no arrest record found for this person".

Q1:WOULD THESE DOCUMENTS BE SUFFICIENT AS A RESPONSE TO THE USCIS LETTER?
Q2: someone mentioned that i should withdraw my expungement and get all the documents and send to the USCIS. DO I REALLY NEED TO DO THAT?
Q3: Is there a danger of denial of my case?

Please advice
Thanks
 
WBH-
Unfortunately, the incident happened just a week after the application.

wantmygcnow-
i guess i panicked. I didn't lie but didnt reveal the details completely. Hope that is not looked negatively.
 
wantmygcnow said:
Why wouldn't you tell its your wife who you hit? They can look that up so easily.
Click to expand...

Does it make any difference who you hit? I believe hiting wife is a DV offense
so that no stentence duration is needed for deportation purpose. If one
hit someone else not in the family, then it is not a DV and it needs to be
a CIMT or aggravated felony with some minumum sentence to be deported.
 
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This re-raise the issue that the USCIS does want to know "if one really did it"
even if there is no conviction, no plead guilty, no suffificent finding
in crminal court?
 
WBH said:
Does it make any difference who you hit? I believe hiting wife is a DV offense
so that no stentence duration is needed for deportation purpose. If one
hit someone else not in the family, then it is not a DV and it needs to be
a CIMT or aggravated felony with some minumum sentence to be deported.
Click to expand...

Right it doesnt matter. But when the IO is asking "WHO YOU HIT"...and you are saying "I CANT TELL YOU THAT"....dont you think thats kinda silly???
 
wantmygcnow said:
Right it doesnt matter. But when the IO is asking "WHO YOU HIT"...and you are saying "I CANT TELL YOU THAT"....dont you think thats kinda silly???
Click to expand...

My intuition tell me it is indeed silly. In crmiminal court lack of evidence is good thing because lack of evidence just means less chance of conviction.
But im immigration procedure they can just request for further evidence. If you do not provide them, they just deny your application

By the way, does an offense need to be charged under DV to be a DV for immigration purpose? The assault and battery charge are for hitting anyone regardless if the victim is family memmeber or a stranger.
 
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I dont know if it matters but I am assuming if its a domestic violence..the charges can be dropped..however hitting a stranger...that is a different. Maybe an assault? Again I dont know anything about that..just assuming.
 
wantmygcnow said:
I dont know if it matters but I am assuming if its a domestic violence..the charges can be dropped..however hitting a stranger...that is a different. Maybe an assault? Again I dont know anything about that..just assuming.
Click to expand...

The OP in his OP said he was charged with 2nd degree assault NOT domestic violence. Don't know if it matters or not.
 
From previous posts, it appears that the both you and your wife are using the ID ndhelp.

You pleaded not guilty and case was dismissed due to spousal privilege. If all USCIS is asking for is the arrest record and you are unable to obtain one since the case was expunged, then get a letter from the court and/or police stating that no arrest can be found under your name. The documents you have seems to be sufficient for what they are asking. You can't expect to provide something that isn't available. Make sure to include a cover letter with the documents explaining that the arrest record was not available and that you obtained evidence of this from police search.
 
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