Arrested on May 22 and Interview date on June 18 at Oakland, CA

R

rikhyes

Registered Users (C)
I was arrested and released on May 22 for domestic violence and DA did NOT file any charges. There is NO charges and Conviction.

But the arrest is on my record now.

My citizenship interview date is on June 18th. I am very worried and don't know what will happen.

I have been living in US for 12 years and NEVER got arrested and now 3 weeks before the Interview I got arrested and released.

Please advice is IO officer will ASK or Pick on this issue?

My interview is at OAKLAND on June 18th.

Your humble friend.
 
As far as I know, every IO walks through all those Yes/No questions, so, yes, you will be required to point out that you were arrested. Gather all of your papers together and find a good immigration lawyer next week.

Good luck
 
Yes, you'll have to mention this at the interview, and if possible, bring a good lawyer with you to the interview.
 
Take it easy

I have to agree with flydog here. There is no need to panic. Unfortunately it was a bad timing. Now you have to play safe. Please be careful for what you say or write during your interview. You need to tell the officer what he or she asks. If he doesn't ask you specifically about any crimes, tickets or arrest and if you keep quiet, I don't think you are lying. Just be yourself and answer his questions or concerns to the point. If it comes to that point where you have to answer that incident which recent took place, go ahead and tell him the truth and make him feel that how sorry you were and wish it didn't happen, that's all :) At the end of the day it was a mistake and we all learn from our mistakes. Good luck to you.
 
I had my Interview today and I/O officer asked about arrests. I told that I was arrested and not charged. I/O officer took the court paper and put that in the file.

I/O officer went through all the application and said that now I should wait for letter in the mail. I/O officer needs to talk to the supervisor for this.

I was worried about this and exactly same thing happened. Now I have to wait for the decision.
 
rikhyes said:
I had my Interview today and I/O officer asked about arrests. I told that I was arrested and not charged. I/O officer took the court paper and put that in the file.

I/O officer went through all the application and said that now I should wait for letter in the mail. I/O officer needs to talk to the supervisor for this.

I was worried about this and exactly same thing happened. Now I have to wait for the decision.
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Take it easy, everything is still normal - the IO has to check with his supervisor before approving every case, so nothing bad has happened yet.
 
I think the IO will wait for a certain period of time to ensure that the DA does not file a case against you. You should explore hiring a lawyer and providing some sort of document to the IO at your local office that the matter is not being pursued (if that is the case indeed) and no charges will be filed to bring closure to your case. If charges are filed then of course until they are disposed no action may be taken on your application.
 
As I stated earlier - I gave ORIGINAL letter from the court where disposition = No Charges filed to the I/O officer on the day of Interview.

I/O officer also told me that you do not need to worry because you were not Charged but I have to submit this to my Supervisor.

I/O officer also gave me passport form and another form saying that my application is "Recommeded for approval".

Thanks.
 
Since you said that you received a form from the I/O which said "Recommeded for approval" you are fine. Because that is what I got and believe almost all applicants get after the interview.

If there is any problem or if they need more information they give you a letter that "No decision can be made at this time".... or something to that effect.

So, rest easy and wait for your oath letter.

Depending on your DO, check the appropriate thread to find out the approx. time line for people to get their Oath Letters.
 
rikhyes said:
liamtoh1 - Your reply is very helpful. I can't thank you enough.
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This gives me some sort of relief! I had been arrested for domestic violence (it was minor) and charged. But the case has been disposed without conviction. I also got court certified copies of the disposition. This is the first incident in my life.

Guys, can you please advise me if IO points out this matter, how should I reply ? I am also worried.

Thanks in advance.
 
CTN400 -
I/O officer will go through every item from N400. When you are asked were you arrested answer YES and Charges Dropped by D/A. Give the Letter from D/A to I/O officer. Then I/O officer will ask "what happened". PLEASE - be careful and be honest becuase I/O officer is going to record what you say. Please practice what you are going to say before the interview.

In no way I am saying that not be honest. I am only saying that don't conflict your statements.

I was also worried but there is NOTHING to be worried. Take your D/A letter and tell HONESTLY what happened.

Good luck and I will pray for you.
 
Green card and arrest

Similar situation with arrest for domestic violence , case dismissed and sealed 4 years back . Will be filing I 485 now. What to expect ? Are similar questions asked at GC interview too?
 
anash - I think for I485 there is no question for Arrest to my knowldege. But if it is that see my answer above.

Sorry, could not help you in sepecificity.
 
I just checked the I-485 form. Queestion 1. b) is

1. Have you ever, in or outside the United States:
b) been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

As usual, be forthcoming and truthful, submitting the evidence you have in your possession. You may also submit additional affidavits related to this arrest.
 
rikhyes said:
CTN400 -
I/O officer will go through every item from N400. When you are asked were you arrested answer YES and Charges Dropped by D/A. Give the Letter from D/A to I/O officer. Then I/O officer will ask "what happened". PLEASE - be careful and be honest becuase I/O officer is going to record what you say. Please practice what you are going to say before the interview.

In no way I am saying that not be honest. I am only saying that don't conflict your statements.

I was also worried but there is NOTHING to be worried. Take your D/A letter and tell HONESTLY what happened.

Good luck and I will pray for you.
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Thank you very much rikhyes for your feedback and wishes!

It had happened even before sending N-400 application, so I had checked YES to arrested and charged boxes. But, since the case was pending, I wrote a letter and attached with N-400, clearly explaining the situation and the pending status. I had mailed the application in Jan 2007, the case disposed w/o conviction in Apr 2007.

I will follow what you had instructed. Thanks a lot!

Please post the expert advices here, that will be greatly appreciated.
 
Remember that nothing you get from this forum should be considered "expert advice". The best you are going to get is experienced and perhaps informed amateur advice.
 
Flydog said:
Remember that nothing you get from this forum should be considered "expert advice". The best you are going to get is experienced and perhaps informed amateur advice.
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Flydog, what do you think in my situation ? Should I hire an attorney when I go for the naturalization interview ? Or should I go alone and if there are any issues, seek the help of an attorney ?

I will brief my issue. Due to a minor domestic violence, my wife called 911, cops came to home, arrested and charged me. She got protective order too. I appeared 2 times in the court. First one was after 2 months of the incident, but they told me they want to monitor more time and come back again later. The second appearance was after 8 months of the incident. Then the judge cleared my case without conviction, completely disposed. Also, I collected certified copies of the disposal too. This is the only criminal matter in my life.

Thanks and appreciate your feedback.

If anybody has similar issue and appeared for the interview, please post your valuable information here.
 
My advice is "don't listen to Flydog". I'm an engineer. My only knowlege on immigration matters comes from my experience. The worst run-in I've had with the law is a speeding ticket.
 
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