Detained/Arrested but not charged

jco12

New Member
Hello everyone,

need advice please. I've been in the US since 2013. Applied for citizenship in Dec 2018 and app is still pending. However, in Jan. 2017, I was arrested for domestic violence, stayed in jail for 2 nights (sat and sun) and was released Monday. I was not charged at all and court sent me a letter saying they are not charging me. I also did a background check for myself and my name is clear however I was put on secondary questioning twice at the airport coming back to the US from overseas because of that arrest which I don't understand why. My question is, will this arrest affect my application? this is the only record I have, if I do. I included letters with the app from friends and coworkers saying I am a good person. I am also employed for more than 5 years now from the same and only company I worked for since I got here in the US. Will these supporting docs help or was it too early for me to apply? Thank you so much in advance.
 

1AurCitizen

Registered Users (C)
You don't understand why you were questioned? You WERE arrested! The police had reasons to cuff and fingerprint before hauling you to jail. Prosecutors deciding not to file charges is another matter. Expect to be questioned at POEs for the foreseeable future. The arrest for domestic violence will be on your record permanently.

Presumably you disclosed the arrest on the n400? The biometrics would bring up the arrest for the interviewing officer to review. USCIS has the final say in deciding whether or not to approve. Carry all paperwork to the interview.
 

jco12

New Member
You don't understand why you were questioned? You WERE arrested! The police had reasons to cuff and fingerprint before hauling you to jail. Prosecutors deciding not to file charges is another matter. Expect to be questioned at POEs for the foreseeable future. The arrest for domestic violence will be on your record permanently.

Presumably you disclosed the arrest on the n400? The biometrics would bring up the arrest for the interviewing officer to review. USCIS has the final say in deciding whether or not to approve. Carry all paperwork to the interview.

Hi, yes I disclosed the arrest on the application and submitted all the documents needed. What I mean with I don’t understand is why do I have to be questioned at the airport if I was not charged or convicted and in fact, my name is not showing on any criminal background check. I don’t think it will show on my record permanently because the border officer told me that once i become a citizen, my name should not show up on the system, i also talked to a lawyer for the record to be expunged and was told that theres nothing to be expunged because you were not charged of any crime not convicted of any crime so theres nothing to be expunged. To give you an idea what was the arrest was for, me and my ex husband were fighting that day, in fact he was the one hurting always have been, he got a small, literally small scratch on his arm from me pushing him away from me from pulling my hair and holding my face up really tight, when he saw that scratch he called 911 immediately. The cops took me because he was the one who has the mark, i didn’t but all my bruises appeared after a night at the jail. What happened to me was really unfair but i had to go with the cops in peace because he got the mark. In fact, before that incident happened, there was a police report few months before that he was abusing me.[/QUOTE]
 
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Jbuff

Active Member
1i f you spent 2 nights in jail.. I can assure you that there is a record of that.
Basically You were detained and no charges filed.

That lawyer is misinformed its a shame seeing that he/she is an actual lawyer.

It might not show up on your regular run of the mill background checks. It will show up on background checks that are indept. Like the one you'll get from USCIS.

You should definitely get that arrest off of your record when ever possible.


You will need paperwork from the station. Stating no charges were filed.or stating no record found with your name. If you haven't gotten that already.

The Interviewing officer will need it, be honest if asked what happened and you shouldn't have any problems if you explain yourself the way you did here. GL
 

jco12

New Member
1i f you spent 2 nights in jail.. I can assure you that there is a record of that.
Basically You were detained and no charges filed.

That lawyer is misinformed its a shame seeing that he/she is an actual lawyer.

It might not show up on your regular run of the mill background checks. It will show up on background checks that are indept. Like the one you'll get from USCIS.

You should definitely get that arrest off of your record when ever possible.


You will need paperwork from the station. Stating no charges were filed.or stating no record found with your name. If you haven't gotten that already.

The Interviewing officer will need it, be honest if asked what happened and you shouldn't have any problems if you explain yourself the way you did here. GL
Hi,
Thanks for your response. I submitted the letter the municipal court sent to me saying that there was no charge filed against me. Os that an enough proof that really, there was no files charged. And also, if i have to clear off that arrest off my record, should i do it eventhough my application is still pending? Thanks.
 

Jbuff

Active Member
Hi,
Thanks for your response. I submitted the letter the municipal court sent to me saying that there was no charge filed against me. Os that an enough proof that really, there was no files charged. And also, if i have to clear off that arrest off my record, should i do it eventhough my application is still pending? Thanks.
Go to the court and get another copy to walk with on your interview day as backup. Play it safe.

Getting the arrest officially off your record is a separate matter. Doesn't Interfere with the pending N400 application.

Even if it was expunged before the apication. USCIS would still be able to see it.
 

jco12

New Member
Hi,
Thanks for your response. I submitted the letter the municipal court sent to me saying that there was no charge filed against me. Os that an enough proof that really, there was no files charged. And also, if i have to clear off that arrest off my record, should i do it eventhough my application is still pending? Thanks.

I also submitted the complete police report what happened that day and the police report about my husband abusing me months before i was arrested. Thanks.
 

Jbuff

Active Member
I also submitted the complete police report what happened that day and the police report about my husband abusing me months before i was arrested. Thanks.
All the paperwork you have to submit to them is a formality. As in they need it for their records. There isn't anything to worry about based on what you've said.
 

jco12

New Member
Go to the court and get another copy to walk with on your interview day as backup. Play it safe.

Getting the arrest official off your record is a separate matter. Doesn't Interfere with the pending N400 application.

Even if it was expunged before the apication. USCIS would still be able to see it.

Ok thank you. I will definitely get this off of my record.
 

jco12

New Member
All the paperwork you have to submit to them is a formality. As in they need it for their records. There isn't anything to worry about based on what you've said.

Ok thank you. I still have that letter from the municipal court.
 
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