Certain crimes and citizenship ( Need Advice)

M

mozelack

Registered Users (C)
Hi.
I am new, have a question,

here goes.... I have been here for 28years, i want to become a citizen,
however 14 years ago my now ex-husband and i were asstranged, we were together in the car and he went to strike me in the face, i pushed his hand back and accidenty hit him in the side of his head. anyhow, he dropped be off at my apt, and on his way home saw a police car on the side of the road and pulled over and filed a complaint( Charged me) for assult/ battery.
i didn't know this untill i received a summons in the mail to go to court, and few months later we went to court. he went up to the D.A and dropped the charges. i was free to leave. on my disposition it says NP, meaning not prosecuted. the question is, will this show up in the name check, should i put it down on the form?? i wasn't arrested,or fingerprinted, or convicted. simply not prosecuted. i'm not sure of what to do, anyone else been in this situation? any advice would be greatly appreciated.
incidently, he broke my nose before we went to court. i think thats why he dropped the charges.
 
No arrest,convictions ? Great. But you were charged. So you may have to report this. However since there was a no conviction, and since it was over 5 years ago and given the fact it was a mutual quarral between spouses I think you should be ok.

Get a court deposition saying charges were dropped and what the nature of the charge was
 
Thanks for the quick reply

Thank you for your quick response.
I have a disposition, the charge was Battery, in the plea, it says,op, not sure what that means.
then it says Disp: NP, which means not prosecuted.
and everything under that, theres nothing, Cost: pbj End: etc.. which all are blank. theres not much to it.
 
mozelack, good to see you here. This is a great place to get advice and valuable information. Especially from Rahul Kumar and others.

Regarding your charge, I won't sweat it much. I just went to my interview last week, and was asked if I was ever detained. So I stated my traffic tickets and was trying to explain the circumstances when the officer stopped me and asked about the outcome. Trust me, that's all they care about.

On your N-400 you'll get the chance to write an explanation for your arrest, Make it short and straight to the point. You don't have to explain yourself. Just say this is what happened. I was innocent, and the DA dropped the charges. You'll be fine. This is a great country. The rule of law and justice is supreme here. :)
 
Thanks!!

Was your interview for citizenship?

Where did you go for your interview? which state?
 
Civics and History tests are easy. Piece of cake. On the 100 questions, there are about 10 questions that are kind of harder than the other 90. My officer picked 6 of those. I got them all right. I will teach them History myself.

Anyway, you will be asked to write one sentence, like: It's a sunny day today. Also you will be asked to read one sentence. Easy stuff.
Just be honest about things, and answer questions they ask you. Be ready to wait. If you are scheduled at 2pm, you will probably be seen at 4pm. This is how it works.

When is your interview? And what's your priority date?
 
I haven't applied yet, i have to get all of my info gathered and then send it out. then wait.

i'm a little nervous about the test, i prefer a written test than a verbal one.
you you get to choose?

How long did the process take you.? i will be going to baltimore for my interview when it comes.
 
mozelack said:
I haven't applied yet, i have to get all of my info gathered and then send it out. then wait.

i'm a little nervous about the test, i prefer a written test than a verbal one.
you you get to choose?

How long did the process take you.? i will be going to baltimore for my interview when it comes.
Click to expand...

Just relax mozelack. You'll be fine. You have to speak to the Officer at your appointment anyway, so just think of it as answering one of his/her personal questions about you. Read the 100 questions you'll find on USCIS website and get used to them and you'll be ok. I took some college classes in US history. That can help you as well.

When you apply, start following up on your case with the FBI and CIS. You are lucky you found this website at an early stage of your application. If I knew half of the stuff here, I would've taken action on my case a long time ago. If you apply now, you should have an appointment by July or August. So get your documents together, and start checking on your name check. Follow up with an FOIPA request and take action. Don't wait.

Good luck to you my friend.
 
Rahul Kumar said:
. However since there was a no conviction, and since it was over 5 years ago
Click to expand...

Mr Kumar, does it matter if this was over 5 years ago? I thought as far as the charges and other facts involving the section of good moral character there is no specific time period that is an offense likely to result in denial of N-400 application does not age. Can you please shed some light on this? Thanks
 
Need Help- with your experience from forums

Hello,
my name is Rajesh. Let me explain my situation.
I have the same situation as yours. my disposition says "OP" for plea and it was a Nolle Pros ( NP). Did you see any attorney ? Did you get any advice on that one?
I know OP means "Other Plea". I am just wondering did you do any kind of community serivice or any other form of punishment ??

I really appreciate your response. I will share my experiences with you.

thanks
Rajesh
rajeshk_100@yahoo.com


mozelack said:
Thank you for your quick response.
I have a disposition, the charge was Battery, in the plea, it says,op, not sure what that means.
then it says Disp: NP, which means not prosecuted.
and everything under that, theres nothing, Cost: pbj End: etc.. which all are blank. theres not much to it.
Click to expand...
 
HI!

Sounds like my dispostion, mine doesn't have much to it either.
I retained a immigration lawyer to file my N-400 application.

He said that i have nothing to worry about, i wasn't convicted. no plea, nothing i went into court and the judge said the state of Md drops all charges and then i left, i was not prosecuted.

i had to go to the district court today to get a True Copy to take to my interview, i sent them a TRue Copy of the dispostion when i sent in my N-400 application.

My lawyer told me to get another one just in case they have lost the one i sent.

To my understanding the only problem i would HAVE had if i were "CONVICTED"

means if i had a plea bargin, or some kind of punishment,like probation, community service i did not have any thing like that, nothing.

What happend to you in court? and when did this happen?

did you have any kind of punishment?

my interview is Aug 10th , i am taking my lawyer with me. I probably don't need to, but i think i would feel better if he went.

he said it should go smoothly.
if there is anything else you would like to know please feel free to ask.
 
Yes, an arrest, not resulting in any sort of disposition of guilt on behalf of the defendant should not pose any problems in his application for citizenship.
 
HI,

thanks for your reply. I had to do commnutiy service for 16 hours.
I know that "OP" means, other plea. My disposition does not say anything except OP.

Since your disposition also says that it was a "OP", I though you might have had to do some community service, or, etc.. Looks like you did not apply for expungement of record?? Which state was it ? and where did you apply for Citizenship ?

Anyway, could you please send me your attorney name and phone number to my email id rajeshk_100@yahoo.com or a private message to userId on this portal, "ab100"

And also, I would like to hear about your interview once you are done. Hope, you will post your experience in detail.

thanks a lot




mozelack said:
HI!

Sounds like my dispostion, mine doesn't have much to it either.
I retained a immigration lawyer to file my N-400 application.

He said that i have nothing to worry about, i wasn't convicted. no plea, nothing i went into court and the judge said the state of Md drops all charges and then i left, i was not prosecuted.

i had to go to the district court today to get a True Copy to take to my interview, i sent them a TRue Copy of the dispostion when i sent in my N-400 application.

My lawyer told me to get another one just in case they have lost the one i sent.

To my understanding the only problem i would HAVE had if i were "CONVICTED"

means if i had a plea bargin, or some kind of punishment,like probation, community service i did not have any thing like that, nothing.

What happend to you in court? and when did this happen?

did you have any kind of punishment?

my interview is Aug 10th , i am taking my lawyer with me. I probably don't need to, but i think i would feel better if he went.

he said it should go smoothly.
if there is anything else you would like to know please feel free to ask.
Click to expand...
 
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