Arrested but no criminal record. Can N-400 be denied???
- Thread starter z28eater
- Start date
wantmygcnow
Volunteer Moderator
Details of your arrest
Jackolantern
Registered Users (C)
You have a criminal record in the eyes of USCIS. With the help of the FBI, they see nearly all arrests even if it was expunged, and a case that was dismissed in court can be classified as a conviction by USCIS depending on the details of the case. If you had to take classes, be on probation, or pay a fine, USCIS generally calls that a conviction for immigration purposes.
There was no probation no fines paid and this happened in another country. If they thought I had a criminal record I don't think they would have approved a green card. When I worked for an airline company, I had a criminal check in USA and my home country before they would hire me. As well I was bonded by the FDIC because I worked for a bank and they required to do extensive research on me. All I was asking if simply be arrested could be a reason to deny citizenship. I verified in my home country with the courts and the federal agency and they didn't have any information on me. The FBI didn't know I was arrested till I told immigration.
If you did not have a problem getting the GC with these arrest records, then you should not have problem getting teh citizenship with these records. But
you can only find out what willl happen by sending the application.
Jackolantern
Registered Users (C)
They do approve green cards for people with criminal records, if the crimes are sufficiently minor. And arrests will not block you from obtaining a green card or naturalization, as long as they didn't result in a conviction for immigration purposes (which is a different standard than what the court calls a conviction, as I mentioned above).
That doesn't really mean anything; USCIS can see records that have been purged or expunged.
The key to this is whether you disclosed those arrests on your green card application. If you did, it means USCIS approved your GC while knowing about the arrests, and so it is highly unlikely they can deport you for them now. But if you did not mention those arrests when applying for the GC, and USCIS finds out about them when you apply for naturalization, you could be deported for lying on the green card application.
I heard someone commited an assault offense, disclosed it and got the GC, then commited second assaut and was deported. But he was deported
based upon the first offense not the second (even though the reason was apparently the second). His lawyer said he was screwed.
If you were arrested but never convicted (ie. no sentence, probation, deferred sentence etc..), then it wouldn't affect you eligibility for naturalization.
If you disclose the arrests on your N-400 application, USCIS may ask for you to obtain the court documents from your foreign country stating that the charges were dropped.
What if some foreign countries do not have that complicated legal system as USA and for some crimes the police can serve as function of prosecutor and judge and simply punish the offenders?
In many other countries, the police can punish people without court procedure.
