Arrested, planning to file N400

geojoy

New Member
I got arrested couple of weeks back on Domestic violence charge. DA dropped the charges and rejected the case. I am planning to file N400 next week.

1) Is it too soon to file N400 after arrest ( though the case is rejected)

2) I understand I need to attach certified copy of court disposition. Do I need to attach certified copy of arrest record also. I am not sure where to get the arrest record. The arresting agency (sherif) said they will not give me the arrest record.

3) Will this arrest have an impact on the application.

Thanks
 
You were NOT charged with any crime, but it is the perception of you being the batterer that "might" create a difficult situation with your case. If the officer is a tough nut, then he can just torture you about the alleged crime, because it was never proven. Don't ever send an arrest warrant to USCIS, you will be asking for problems. The court disposition is the ONLY documentation that should accompany your N400 application form, a copy NOT THE ORIGINAL. The original should be taken to the interview when it is scheduled. You don't need an arrest report, court disposition should suffice in your case.
 
Thanks Al Southner. The arrest was a mistake. A neighbor called 911. We were just talking and no physical contact. I am planning to file a petition of factual innocence to clear my arrest record. DA also recognised my innocence and that is the reason case is rejected.

As far as N400 is concerned , is it too soon to file or wait for few months to file.
 
Thanks namecheck.
Bobsmyth - I did not enter any plea. The case is rejected by DA.

Then you do not have any problems. Just tell USCIS that it is purely a misunderstanding
and preferably back up with a written docuemnt from local government.

I don't think you need to hire a lawyer. It is not worth it. The issue is trivial and You have to
trust USCIS is a reasonable organization.
 
If the case has been dropped then you are fine. Just like other have suggested, send the court record that the case has been dismissed/dropped. There is no bar in your situation.
 
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