Bench Warrant question with update

Aniket19

Registered Users (C)
Sorry for the long post. I have my citizenship interview on Nov. 16

The following question I already have asked in January 2009 post, but I have some update to my question, I have found a fax which was sent to me from court in 2001 but first lets talk about the incident.

A Bench Warrant was issued on 2nd week of June, 2001 for my arrest because of my failure to appear before judge on June 1, 2001. The court scheduled a hearing on that day to address my unintentional failure to appear for jury duty.
I had never received notice of June 1 hearing or the jury notice apparently because both were sent to my former address. I moved from that address in November 1999.

I first became aware of this matter only when I received phone call from another former tenant. In short...... I talked to attorney (he works at same law firm where I work, he is not an immigration attorney) as soon as I found out about bench warrant, he wrote the letter to judge on behalf of me, describing that I in no way attempted to evade jury service or to ignore the direction of the Court. Also I am not a United States citizen and would therefore be unable to serve. I also included my immigration status, copy of driving license (with new address) etc..

The bench warrant was withdrawn (attorney called to court and confirmed).

Now about the fax. Few months ago when I was going thru may paper work in my basement which was buried for years, I found 2 page fax from Superior Court of New Jersey.

1st page says Superior Court of New Jersey , Hudson County, Law Division – Criminal Branch. In the small box it says REINSTATEMENT OF BAIL WITHDRAWAL OF WARRANT. It has my name and also says Bail was forfeited and a warrant issued for the arrest of the above named defendant for failure to appear on the 1 day of June, 2001. For good cause being shown on the record this 11 day of June, 2001. it is hereby, ORDERED: Warrant Withdrawn (it is checked mark at this option. It has few other options). It also has Deputy Clerk of the Superior Court’s name and signature, Court clerk’s name and judge’s name and signature.

The 2nd page is a following letter from SUPERIOR COURT OF NEW JERSEY, LAW DIVISION: HUDSON COUNTY.
Civil Action
ORDER FOR DISMISSAL
To: My name and address
This Court having issued an order to Show Cause on April 27, 2001, requesting the juror to explain his/her failure to appear in response to a summons, and a good cause having been supplied,
It is on this 12th day of June 2001
ORDERED, that the Order Show Cause is vacated.

It also has judge signature and name. These both pages I have received as a fax and it doesn’t have court seal or it doesn’t say True copy.

My question is, do you think I need to mention this incident at interview even I am not asked? I have not mentioned in my N400 application. If yes than do I have to go to court for certified copies of warrant withdrawn? Please let me know your opinion. Thank you.
 
There is no reason to mention this in your application - you will unnecessarily complicate your case. At no time were you detained, arrested or stopped by any law enforcement officer at anytime for any reason......
 
I don't think you need to disclose. The question is ablut "Have you ever been arrested?" not "Have you ever been issued an arrest warrant?".

There is another question:"Have you ever commited an offene for which you have not been arrested?" I don't think that applies.

So I think you don't have to disclose it. But make sure USCIS does not alreadyget hold of the inident".
 
The question is not whether you need to declare a bench warrant on application, but rather if you ever committed an offense for which you were never arrested. If failing to appear for jury duty is considered such an offense, then you would need to declare it on application or interview.
Since the incident is not a serious offense and it happened outside statutory period, you're probably safe in not declaring it.
 
I don't think you need to disclose. The question is ablut "Have you ever been arrested?" not "Have you ever been issued an arrest warrant?".

There is another question:"Have you ever commited an offene for which you have not been arrested?" I don't think that applies.

So I think you don't have to disclose it. But make sure USCIS does not alreadyget hold of the inident".

How do I find out that USCIS already got hold of incident? It took long time for me to get IL after FP and Yellow letter.
 
but rather if you ever committed an offense for which you were never arrested.

This question is different between N400 and I485. On N400 is
"Have you ever commited a crime or offense for which you were not arrested?" On I485 it is "Have you ever KNOWINGLy commited
a crime of moral turpitude or a drug related offense for which you have not been arrested?".

Thereee three differences
(1) I485 say "Knowingly"
(2) I485 specify CIMT or durg related
(3) N400 say "were not arrested" I845 say "Have not been arrested"

Are these difference intentionally worded for some purpose or just arbitrarily worded?
 
How do I find out that USCIS already got hold of incident? It took long time for me to get IL after FP and Yellow letter.

I don't know. Ask the IO before your take oath to tell the truth. If
he/she does not know then do not mention it. If he/she knows,
then disclose it :):)

Seriouly I don't think you have any way to find out whether USCIS know a particular things or not. But you have guess the odds. You can do a FIOA request to get file from FBI and USCIS.
 
How do I find out that USCIS already got hold of incident? It took long time for me to get IL after FP and Yellow letter.

You may want to try finding out from the court if it's considered a criminal matter that appears on your background check record.
 
I have a friend who had his interview last week and he was given oath letter on the spot, I could not believe him until he showed me the letter. his oath was on the 21 October and his interview was on 15th October. I think this is unfair, while others are waiting for their oath for more than 3 months while others are given on the spot after the interview. what should one do to correct unjustice. please share your opinion
 
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