Arrest After Finger Printing

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VIDASH

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Arrest After Finger Printed For Citizenship

Hi guys, I hope someone can answer this question for me :confused: I am in such a delima, I can't eat, I can't sleep and I am just a wreck.

I was arrested a week ago in my home when my husband called 911 and said I had threw a note book at him and it hit him in the eye, the cops came and arrested me, I was hand cuffed and finger printed that same night and given a court date to appear in court for a SIMPLE ASSAULT charges as they put it. I am just soo afraid that this will ruin my citizenship application, even though my finger prints have already been cleared before this arrest. My husband ofcourse used the system against me cause I had called 911 on him a couple of times and he said he wanted me know how it felt like, so he just rubbed his eyes with the back of his hand and made his already red looking eye more red. The note book did not him him in the eye!!!!! When u look at all our pictures his eye is red!!!! Anyways, I am just blabing now, but does anyone know if this will affect my citizenship? :mad: :mad: :( Please help guys, what should I do and what should I take to my interwiew?? :confused:

Thanks for all your response.
 
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I guess it depends mostly on how these charges proceed. If the charges are dropped or closed then I guess it is not a big deal. Make sure you have the outcomes of these proceedings (court/sherif's odffice official doccuments) when you come to the interview.

Good luck,

Yalag
 
I am in the same situation.The disposition (read outcome ) of your case affects your citizenship.Please consult a good criminal attorney (preferably who also understands immigration/citizenship issue).In US it depends on state to state how this is treated but immigration goes by federal law .Is this the first time you have been arrested.It makes sense not to plead guilty as a conviction of any sort may affect your citizenship interview.Please email gc485_2005@yahoo.com if you need more info.Do not panic and get yourself a good attorney.You also need your husband's cooperation for this remember ( iam not interested in your personal life btw!!).
 
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My 2 cents

Plead for extension of the case or keep appealing to the next level so that you are not convicted yet before your interivew or oath. Good Luck.
 
Charges Dismissed, What Now?????

Hi guys, could someone be kind enough to point me to the right direction? Charges for simple assault againt me was dismissed, now what do I take to my interview? Please help guys. Could someone please tell me what the difference between charges dropped and charges dismissed is :confused: ? Does that mean I have a conviction :eek: ? Please help. Thanks to all
 
As far as I learned from my traffic ticket story and talking to a lawer and a municipal court: "charges dissmissed" equals to "charges dropped", you were not convicted. But you were charged. Charged means accused. If you got a probation period not to mess with your husband, which would mean deferred adjudication, then you have to mark yes to several questions on good moral character part (16-21) in n-400. You have to bring court disposition, which says that your case was dismissed. If you can get court to put in writing that you were not convicted, that would be nice too, but not necessary. Then get a letter from your husband that you are good, and this was just an accident. Also you might want to get letters about your good morals from other people or instances.
Try to bring your husband to the interview. If he refuses, you might claim that he is the one with bad morals. ;)
 
Hey, and take some Valerian (herb, which would keep you calm), so you would not get into another fight. :D
 
U got jokes huh?

Hehehehehehe, trust me, I will not be taking any herbs but I will not be getting into any fights either. I was not put on probation, I had already mailed my N-400 before this incident, so my only worry right now is when I go to the interview. But thanks so much for taking the time to reply, and I like your sence of humor, I needed that laugh :D :D
 
Vidash

You were given completely wrong information on many aspects of your situation. Let me break it down. Your husband CANNOT attend the interview together with you on your application. Because, a case of naturalization is not like a case of green card wherein both parties need to be together at the interview if the application is filed based upon 'marrying with a USC'. Furthermore, any testimony or affidavit from your husband as an effort to prove that how goody you are or how good your relationship is, will be thrown in the garbage. If it is that easy then every alien can produce such things and can easily get away after committing domestic crime. Whether or not you are a person of good moral character is determined based upon the record that govt. might have upon you and based upon the severity of that crime, and it is not determined based upon someone's testimony/affidavit.

Secondly, if the charge against you has been dropped then it means you have nothing to worry about. Because, it is not a conviction. Anybody can press a charge against anyone, but that doesn't mean that allegations have automatically been proven. Nor it proves that defendant indeed committed that crime. Charge is only an allegation, which needs to be proven in the Court of Law. Remember: You are innocent until proven guilty. And, only a conviction of a crime is considered for negative immigration consequences. The Board of Appeal (BIA) has said in one of the case "even though defendant admits of committing a crime, yet still defendant's admission of committing crime cannot be used for any negative immigration consequences unless defendant is convicted in a court of law". You should now get a certified or original copy of 'Dismissal Order' from the clerk of criminal court in your county, which you should take with you at your interview. You should mention about this to the officer during your interview and submit the 'Dismissal Order'. Also, take with you the copy of Police report too as officer might like to take a look at it. By the way, immigration laws go along with criminal law of the State where application is being adjudicated. In some States, even a simple assault is considered an aggravated crime, an automatic ground for deportation.

Filing a false police report is a crime, just in case if you don't know. And it is not a good situation wherein both of you are kept calling cops on each other. It's definitely not a good situation for you until you become a U.S. citizen. Otherwise, you might run the risk of being deported. How do you feel now being on the other side when your husband is the one who called the cops on you this time? That's why it's always better for parties to go some family counseling, talk things out together, compromising, get involved in a mediation or other kinda stuffs. And if parties still don't get along then it is better to get separated or divorced for the sake of each other's peace. Involvement of cops, courts and authorities would only make situation more worse for both parties involved. Life is already too short. Don’t waste it in these kind of petty fights. Move on with your life for better.
 
JonnyCash, Thank You

Hi JonnyCash,

Thank you so much for your input. The charges were dismissed as I wrote earlier, and thanks for the advise, it is really appreciated. I live in PA, and simple assault is a misdemenour, but still it is not a good thing, I am now stuck with answering "yes" whenever I am asked if I have been arrested before, and trust me, I have learnt my lesson, I was just really mad that he lied to me about being a sexual offender and things got out of hand. But I am taking one day at a time and I am going to be careful the next time around, again, thanks for taking the time to reply to my post.
 
JohnyCash,

1. Would you please post here the article of he law, which says, that husband is prohibited from attending wife's citizenship interview?
2. Courts in this country use Jury, which is compiled of local citizens, to decide whether to convict a person or not. That means that it is important for the court (adjudicator) to know the point of view of the community on that particular individual's behaviour. The more community members think this person is innocent, the more votes against conviction.
So letters from places and people would help.
 
ania

I really don't have time to entertain your each request as I use my time to give helpful information to others.

Besides, it is pointless to me to explain anything to you when you could not even read that (1) OP's case is an immigration case which will be adjudicated by USCIS and not Court, otherwise you won't be talking about jury, point of view of others, etc...etc. (2) You did not even comprehend earlier that OP's criminal case is dropped out, but then again you were talking about deferred adjudication, probabation, etc...etc.

Letter from other people, like from community, may help, but only when a person would be on deportation proceeding being in front of immigration judge, but still that person will need to prove his/her right to be here under the law. Husband, wife, father, mother, uncle, aunti, niece, nephew, son, daughter, etc..etc. are NOT ALLOWED to accompany for naturalization interview with the APPLICANT. Only the attorney for the applicant, or the interpretator is allowed to accompany with the applicant on his/her interview. If you want to know the article of the law then you should do your research on this yourself than others do for you. But I bet you, you won't find any other answer than what I've already given to you here.
 
My interview was on the 18th of March (Columbus/Ohio) and becase my immigration is based on marriage to US citizen THEY INVITED MY HUSBAND TOO (ALTHOUGH IT WASN'T MENTIONED IN INVITATION!!!). They also told me that if he hadn't come - my interview would be resceduled...
 
ania said:
As far as I learned from my traffic ticket story..
Click to expand...

Hi, Ania: Do you mind telling more info about what your traffic tickets story is? Have you finished internview? Did the ticket cause any trouble on you?

Thanks.
 
InnaOhio said:
My interview was on the 18th of March (Columbus/Ohio) and becase my immigration is based on marriage to US citizen THEY INVITED MY HUSBAND TOO (ALTHOUGH IT WASN'T MENTIONED IN INVITATION!!!). They also told me that if he hadn't come - my interview would be resceduled...
Click to expand...
Inna,
that is strange, because i filed based on marriage as well. My wife didn't have to come with me, but she decided to take the day off and keep my company for the long drive ( 3 hours) to Memphis DO. Anyway, once they called my name for the interview, my wife was talking on the cell phone outside the building, so i told the interviewing officer that my wife is on the phone outside in case you need her in the interview, she said "No", nobody is allowed in this room but you , me , and your lawyer - if you needed one- i told her i didn't need one, and we proceeded in the interview very smoothly.
 
InnaOhio said:
...becase my immigration is based on marriage to US citizen THEY INVITED MY HUSBAND TOO [...] They also told me that if he hadn't come - my interview would be resceduled...
Click to expand...

Inna,

Just to be clear, we are talking about citizenship here, right? You were not applying for a green card, right?

What is your history?

Did you enter the country on a K-1 visa?

Did you marry abroad?

I'm surprised by what you reported.

-Ocelot
 
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