Arrested!!!!!!

A

ALL_D_NEWS

Registered Users (C)
I need help am about to file my i 400n soon but am in limbo now i was arrested and charged for simple assault but the case was later dismissed .
My question is do i have to provide documents on that since the case was dismissed? Secondly, is it going to affect my application ? Need help thanks
 
Did you ever enter a plea? Simple assault is not considered a CIMT so you should be fine unless you have any convictions in your history.
 
Thanks a lot for your answer, anyway i pleaded not guilty and the case was dismissed

another question.............can I apply my I-400N 90 days prior to my 3yrs stay in marriage too or is just 90 days prior to 5yrs[/b]
 
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You should be ok AS LONG AS you really pleaded not guilty, meaning no plea of ANY sort (nolle contendre) was cut with DA, not bail was set, no probation, or anything of that sort. Otherwise, you will need to wait the statuary period (5 yrs. based on residency or 3 yrs. if you are filing based on marriage), to 'clear your name'.
 
ALL_D_NEWS said:
Thanks a lot for your answer, anyway i pleaded not guilty and the case was dismissed

another question.............can I apply my I-400N 90 days prior to my 3yrs stay in marriage too or is just 90 days prior to 5yrs[/b]
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Although you pleaded not guilty and the case was dismissed, you still absolutely must disclose this arrest in your N-400 application. There is a specific question there "have you ever been arrested". You'll need to answer "yes" to that question, attach an explanation and provide documentation showing that the case was indeed dismissed.

Regarding your other question, I am not exactly sure but I think that in most cases people applying under a 3 year marriage rule cannot use the 90 days in advance provision. At the time of the application you must be married to a U.S. citizen for at least 3 years and your spouse must be a U.S. citizen for at least three years.
 
GhostRider said:
You should be ok AS LONG AS you really pleaded not guilty, meaning no plea of ANY sort (nolle contendre) was cut with DA, not bail was set, no probation, or anything of that sort. Otherwise, you will need to wait the statuary period (5 yrs. based on residency or 3 yrs. if you are filing based on marriage), to 'clear your name'.
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Not unless it is a CIMT. Just having a criminal conviction it itself does not preclude someone from naturalization.
 
baikal3 said:
Regarding your other question, I am not exactly sure but I think that in most cases people applying under a 3 year marriage rule cannot use the 90 days in advance provision..
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The 90 day provision applies specifically to continuous residency. So if an applicant has been married to a US citizen for 3 years, they can apply up to 90 days prior to having 3 years of continuous residence as a LPR.
 
Really? That is news to me, I guess you forgot about GMC, would someone who was convicted two or three times for DUI or DUS be considered a model citizen, I don't think so...

QUOTE=Bobsmyth;2071376]Not unless it is a CIMT. Just having a criminal conviction it itself does not preclude someone from naturalization.[/QUOTE]
 
dafortycal said:
Really? That is news to me, I guess you forgot about GMC, would someone who was convicted two or three times for DUI or DUS be considered a model citizen, I don't think so...

QUOTE=Bobsmyth;2071376]Not unless it is a CIMT. Just having a criminal conviction it itself does not preclude someone from naturalization.
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[/QUOTE]

INA 101(f) provides a clear definition of what precludes someone from demonstrating GMC; specifically committing a CIMT in the statutory period. Even if the OP was convicted of simple assault, it would not prelude him from demonstrating GMC. Being convicted 2-3 times for DUI during the statutory period is not what the argument was about.
 
Thank you all for your answers....anyway another question ....... What should be the answer to this question .... have you ever been charged with any crime? am confused because i don't know WHAT to say yes or no since the case was dismissed?
SECONDLY, REGARDING THE EXPLANATION FOR MY ARREST WHERE WOULD I WRITE THE EXPLANATION SINCE THERE IS NO PLACE ON THE FORM FOR THAT PURPOSE?
THIRDLY, I HAVE THE CERTIFIED COPY OF THE DISPOSITION SHOULD I ADD IT TO THE I-400N WHEN SENDING THE APPLICATION OR SHOULD I TAKE IT WITH ME ON MY INTERVIEW DATE?
 
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ALL_D_NEWS said:
Thank you all for your answers....anyway another question ....... What should be the answer to this question .... have you ever been charged with any crime? am confused because i don't know WHAT to say yes or no since the case was dismissed?
SECONDLY, REGARDING THE EXPLANATION FOR MY ARREST WHERE WOULD I WRITE THE EXPLANATION SINCE THERE IS NO PLACE ON THE FORM FOR THAT PURPOSE?
THIRDLY, I HAVE THE CERTIFIED COPY OF THE DISPOSITION SHOULD I ADD IT TO THE I-400N WHEN SENDING THE APPLICATION OR SHOULD I TAKE IT WITH ME ON MY INTERVIEW DATE?
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You were charged, but never convicted so answer accordingly.
As for explanation, "plead not guilty, charges dropped" is sufficient.
Finally, attach copy of court document to application, bring original to interview.
 
Thank you all for your answers
NB.. PLEASE A LITTLE BIT CLARIFICATION ON THE 90 DAYS PRIOR .............can I apply my I-400N 90 days prior to my 3yrs stay in marriage too or is just 90 days prior to 5yrs [/B]
 
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