Citizenship application - after arrest for domestic abuse but not convicted.

S

santhjaya

New Member
I and my wife had a fierce argument one night and she called 911 out of rage. The policeman arrested me though my wife was pleading against it. I spent a night in jail, and was released without conviction the next morning.
This happened a year ago.

Will this affect my citizenship application - as I plan to apply in May this year?
 
It may not, but you have to reveal the incident, arrest, subsequent release and disposition of the case. If you wife did not press charges, then the case should have been dismissed.
 
I pulled up the crime report. There is only arrest and detention. No charges or conviction.
It is stated as 'Misdemeanor - assault'.
Do I have to state this as 'domestic violence' in N400 application?
 
Also the disposition as stated in the report is 'Warrant requested'. I don't know if this makes the case pending.
But, my wife did not press charges and I was verbally told the case was dismissed.
Do I have anything to worry?
Thanks in advance for your response.
 
You will need something in writing that says charges were dismissed. 'Misdemeanor" can be "crime of moral turpitude" which can be unfortunately reason for denial.

You may have to state that in the form. They can search criminal databases and this may showup. If they find out, then also not stating that in application can cause problem.
You may be able to put this as domestic dispute and explain during interview.

I feel sorry for you. In a heat of moment, we do things that hurt us long time. Wish you good luck!!!
 
One thing I learnt very clearly --> Even if it is trivial, get it in writing.
That said, you may want to get every verbal agreement etched on paper.
 
First of all, you have to disclose.Second I would five year period before app N400. It will be a sure shot after that. Then again you can try. No conviction should not hurt much if you apply now.
 
State can press charges

santhjaya,

Just because wife didn't press charges doesn't mean the state cannot and will not press Domestic Violence charges against you. If the charges were not pressed by state or your wife, means that you never went to court for any hearing. The best way to get this absolutely clear is to go to the clerk office of the county (where the incident happened) and get your record. It will have the absolute details of all the activities (court order, arrest, disposition, etc). INS has access to same record. Hence you will not be surprised, just in case there is something on your record.

Good luck.
 
santhjaya said:
I and my wife had a fierce argument one night and she called 911 out of rage. The policeman arrested me though my wife was pleading against it. I spent a night in jail, and was released without conviction the next morning.
This happened a year ago.

Will this affect my citizenship application - as I plan to apply in May this year?
Click to expand...

I really do not want to dissapoint you but one of my friends is in same situation in the West coast, His wife called 911 and she requested them to take him away so that she can not stand with him at that moment (she is a very angry person, I know her since childhood). They arrested him but no charges were filed and next morning they let him go giving him warning that do not get into same situation again. this was almost 7 years ago. When he went for interview in 2006 he got rejected and now he is in the court fighting with USCIS. I just got an update from him last week that he is still in the court and his wife also said to the judge that it was on the heat of the moment. So the point is Immigration background checks will clearly get this kind of information for their record on the interview.
 
santhjaya,

My advice to you DON'T discuss this issue in the discussion boards. I am very positive this is not a big issue. The best way to consult an immigration attorney. Goodluck!
 
Depending if the charge against you (even if it was dropped) is considered a crime involving multitude turpitude (CIMT) in the eyes of the USCIS, you must disclose it on the application as per 8 C.F.R. 316.10(b)(2)(iv).
A single misdemeanor assault charge with no previous convictions is usually not considered a CIMT, but the USCIS may not distinguish this (especially if the charge involves domestic assault) and it's then up to the applicant to prove otherwise. This being said, be prepared to involve an immigration lawyer with experience in criminal law.
 
Last edited by a moderator:
santhjaya said:
I and my wife had a fierce argument one night and she called 911 out of rage. The policeman arrested me though my wife was pleading against it. I spent a night in jail, and was released without conviction the next morning.
This happened a year ago.

Will this affect my citizenship application - as I plan to apply in May this year?
Click to expand...

Something tells me you should wait for a full 5 years to build a clean record, till 2007 + 5 = 2012, before you apply.

I don't know what their method of checking history is, but it's quite possible that they discover this incident even if you apply in 2012. But you would then have a 5-year clean record which might help. You might want to hire a lawyer, at least for a one-time case review. I hope it works out well for you. Good luck.

Sammy
 
atlraj said:
I really do not want to dissapoint you but one of my friends is in same situation in the West coast, His wife called 911 and she requested them to take him away so that she can not stand with him at that moment (she is a very angry person, I know her since childhood). They arrested him but no charges were filed and next morning they let him go giving him warning that do not get into same situation again. this was almost 7 years ago. When he went for interview in 2006 he got rejected and now he is in the court fighting with USCIS. I just got an update from him last week that he is still in the court and his wife also said to the judge that it was on the heat of the moment. So the point is Immigration background checks will clearly get this kind of information for their record on the interview.
Click to expand...

Going by the dates you have given, is it possible that your friend appplied for citizenship before 5 years were over after that incident?

Sammy
 
atlraj said:
I really do not want to dissapoint you but one of my friends is in same situation in the West coast, His wife called 911 and she requested them to take him away so that she can not stand with him at that moment (she is a very angry person, I know her since childhood). They arrested him but no charges were filed and next morning they let him go giving him warning that do not get into same situation again. this was almost 7 years ago. When he went for interview in 2006 he got rejected and now he is in the court fighting with USCIS. I just got an update from him last week that he is still in the court and his wife also said to the judge that it was on the heat of the moment. So the point is Immigration background checks will clearly get this kind of information for their record on the interview.
Click to expand...
One thing I don't understand is why the mere fact that somebody was arrested is grounds for denial of an N-400. Just because somebdoy was arrested does not make them guilty of anything, and if no charges were filed then the case is essentially closed, correct? When I spoke with an attorney before I filed my N-400, she mentioned that most people have no problems becoming naturalized, with the exception of those with criminal CONVICTIONS. An arrest does not equal a conviction, so I don't understand why this is a problem. As long as you disclose it and take all the paperwork with you, does USCIS have the right to deny your case? If they deny based on an arrest, is that not an abrogation of the very constitution that naturalized citizens must swear to be attached to?
 
yummyk said:
One thing I don't understand is why the mere fact that somebody was arrested is grounds for denial of an N-400. Just because somebdoy was arrested does not make them guilty of anything, and if no charges were filed then the case is essentially closed, correct? When I spoke with an attorney before I filed my N-400, she mentioned that most people have no problems becoming naturalized, with the exception of those with criminal CONVICTIONS. An arrest does not equal a conviction, so I don't understand why this is a problem. As long as you disclose it and take all the paperwork with you, does USCIS have the right to deny your case? If they deny based on an arrest, is that not an abrogation of the very constitution that naturalized citizens must swear to be attached to?
Click to expand...

The reason being is that the USCIS uses past arrests and/or convictions involving specific crimes (Crimes Involving Moral Turpitude or CIMT) as a measure of moral character. When it comes to CIMT, you are presumed not deemed as a person of good moral character unless you can prove otherwise.
 
Bobsmyth said:
The reason being is that the USCIS uses past arrests and/or convictions involving specific crimes (Crimes Involving Moral Turpitude or CIMT) as a measure of moral character.
Click to expand...
In addition, even if the court didn't convict you, USCIS can make their own determination of guilt based on things that you said. USCIS is judge and jury in one. Apparently due process doesn't apply to noncitizens.
 
Jackolantern said:
In addition, even if the court didn't convict you, USCIS can make their own determination of guilt based on things that you said. USCIS is judge and jury in one. Apparently due process doesn't apply to noncitizens.
Click to expand...

That is scary. They can judge a person even when the justice system has proved and ruled that the person is not guilty. Too much power and discretion in any hands leads to situations like what we all have read in the news recently.
 
I am in same situation. I am GC holder for 18 years. I was charged with simple battery after an arguement with my wife in 1993. I waited too long. I was stopped at the airport entering back in US in 2004, after the finger print revealed the arrest. They gave me hard time, threatened to be deported, but no conviction helped me to return with my family. Now am afraid to go out of US, not even Canada. I just applied N400 last month. I have a lawyer who said it would be OK, but my gut tells me I will be rejected. Lawyers charge $ 2500 to write a letter with N400 explaining the incident and no conviction. I think it is IO's judgement that counts about your good Moral Character not the court's non-conviction because your not guilty could have been resulted from many reasons like withdrawing charges, no sufficient evidences. I think time is the only thing in my side. If 15 years of clean record can convince them that I am not a bad person, I have a little chance.
 
txh1b said:
That is scary. They can judge a person even when the justice system has proved and ruled that the person is not guilty. Too much power and discretion in any hands leads to situations like what we all have read in the news recently.
Click to expand...
Yes, this is very frightening that the USCIS can deny a person citizenship just for being arrested, despite not having been convicted. I don't really see how being arrested for, but not convicted of, a crime of moral turpitude can make you a person of poor moral character. At any rate, I think non-citizens have to be twice as careful as citizens when it comes to this. As Santhjaya describes in his original post, it is all to easy to get arrested for something relatively minor which, even when ultimately dismissed, is not looked upon favorably by the USCIS.
 
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