Domestic violence inquiry

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vidasto

Registered Users (C)
Hello everyone,
I just had my citizenship interview last 07/15/2009 and I passed the test of English and U.S. history and government. However, a decision cannot yet be made about my application. The USCIS interviewer explained to me that they have to review my application due to the history of domestic violence I had and eventhough motion for nolle prosequi is granted and the case is dismissed without prejudice. It would be at least 60 days on September 15th and I want to know what would I anticipate. Would they say that they deny my citizenship application? During the interview I gave them the copy of the court ruling and police report. Also, what are the chances that they will deny me?

Sincerely,
Vidasto
 
Was it within 5 years? did you plead "Not Guilty"? Did you admit any "damaging" facts to IO during interview? Were there any "damaging" facts mentioned in police report?

if all answers are "no" then i think you should be fine.
 
ganjik said:
Was it within 5 years? did you plead "Not Guilty"? Did you admit any "damaging" facts to IO during interview? Were there any "damaging" facts mentioned in police report?

if all answers are "no" then i think you should be fine.
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You meant to say did op plead guilty, since if the answer is no to pleading non-guilty, then it may be an issue.
 
Hello again,
No damaging facts or any physical signs of injury noted. The IO booked me and I was video arraigned which the judge set me for $500. There was no conditional bond from the court and the PD has not entered the conditional bond into lein. This occured 04.27.2003. I pleaded not guilty. May 09, 2003.
 
The prosecuting official moves for a nolle prosequi in this case for the following reason: PARENTAL DISCIPLINE, NOT DOMESTIC VIOLENCE. NP granted and the case is dismissed without prejudice.
My application for N400 was received Feb 18, 2009, and I was interviewed 7/15/2009. I just had my divorce with ex wife June, 2007. I hope this did not put seriously levity to my application.


Sorry for the inconveniece guys. Thanks for responding to my mail.
 
Re: Inquiry

Police report reads: stepfather entered to her bedroom yelling at her for taking her video camera over on her relatives house. She then stated that he was not her father. He then slapped her with an open hand across her face. Mother stepped in and and punched father in the face and the two got into argument. IO did not observe any physical signs of injury.

Like I said I was handcuffed, turned over to the C.A. for processing. It was the longest and saddest experience of my life for that < 12 hours that day. I hope this explains my side well on the police report about any damaging facts and I hope this did not post any problem.
 
vidasto said:
Police report reads: stepfather entered to her bedroom yelling at her for taking her video camera over on her relatives house. She then stated that he was not her father. He then slapped her with an open hand across her face. Mother stepped in and and punched father in the face and the two got into argument. IO did not observe any physical signs of injury.

Like I said I was handcuffed, turned over to the C.A. for processing. It was the longest and saddest experience of my life for that < 12 hours that day. I hope this explains my side well on the police report about any damaging facts and I hope this did not post any problem.
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If the prosecutor filed for a NP, then it means there was no sufficient basis for them to prosecute you for any crime. On its own merit, it means that your moral character didn't suffer any serious damage. However, USCIS tend to view things differently, but they are NOT a court of law, but agency charged with enforcing congressionally mandated laws. If I were in your position, I would bring in the police report and court document indicating the dismissal of the case. However, there is one issue: when the case was dismissed, the court did so without prejudice meaning that they left the door open for future prosecution if needs be or if similar circumstance occured. You are NOT required to turn over the police report to USCIS, only court documentation showing a dismissal, and re-read this sentence. I can assure you, if you share that police report with USCIS, irrespective of the final ruling of the court, you n400 case will be denied. There is a reason why police reports are presented in court and viewed within the totality of all evidence being submitted, which is to minimize or maximise a particular narrative. In your case, in the abscence of an independant set of facts, USCIS will automatically assume you are a violent person. :rolleyes:
 
Re: Inquiry

Thanks Al Southner that was clear as the day. For future information to others and if they have similar case like this, would it be best for them to just present the final court ruling and don't present the police report when filing citizenship? This is kind of a gray zone to me in such that you want to be honest in every aspect as you can but it seems like it made it more sticky. :confused: I can just imagine now that applying for citizenship is like trying to apply to go to heaven. I've been simmering through the threads that has had been posted and I haven't got into others with such matter, and I will keep updating my thread for such future reference. I guess you are right I have to have an attorney just to keep an ace on my deck.
 
In lieu of this matter, does anybody or even currently have the same problem passed? I know USCIS changes their laws and guidelines in a heartbeat but just checking for the pulse. Meanwhile, should I continue on to inquire after 60 days to get update of my application?
 
vidasto said:
Thanks Al Southner that was clear as the day. For future information to others and if they have similar case like this, would it be best for them to just present the final court ruling and don't present the police report when filing citizenship? This is kind of a gray zone to me in such that you want to be honest in every aspect as you can but it seems like it made it more sticky. :confused: I can just imagine now that applying for citizenship is like trying to apply to go to heaven. I've been simmering through the threads that has had been posted and I haven't got into others with such matter, and I will keep updating my thread for such future reference. I guess you are right I have to have an attorney just to keep an ace on my deck.
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Honesty within proper context should be what all people aspire to attain. However, USCIS is run by people who misunderstand even the simple form of honesty from immigrants. Let me avoid philosophy and get to the core of your question:

You don't need to disclose or send the police report. NOT NOW or NEVER EVER send it to USCIS. Period. Period. In checking YES on the question of ever being arrested, you are being honest and YOU should BE. The question clearly or rather instruction indicate that you should provide documentation for any arrest. The final court disposition on the matter SHOULD BE ONLY documentation that accompany your application. Remember this simple principle: negative information forms opinion, in the absence of you the applicant, it can be even worse. So, the final court disposition will blunt any force from USCIS on your moral character.

Since you have already attended the interview, I hope you discussed this incident with restraint and never turned over any incriminating police report. Incriminating in the sense that it could cloud judgement of USCIS people and create a denial. If I were you, would wait till I hear something from USCIS. I rather have them contact me than appear as if I am forcing a decision whereas someone in the back office might be chewing on your decision. Should I approve or deny? What if he does the same thing in the future? My suspicion is that the NP saved your butt...
 
Al Southner said:
You don't need to disclose or send the police report. NOT NOW or NEVER EVER send it to USCIS. Period. Period.
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If you don't send in thepolice report, the IO do not know what happened
because final court disposition doc only say the charge name and its state section number. So most likely the IO will ask you "what happened". Then either you will say the same thing as police report or you have to make up
a story. What if you told a very toned down story but after interviewe, the
IO send a requestto ask you to send a police report? And when yous end in teh police report and teh IO find huge incosnistency between what you
explained and teh police report?

Hopefully USCIS will not insist upon seeing a police report. Actually the people with such an issue is that tehy only have final court documents but not police report and have trouble getting it if USCIS insist upon seeing it.
Unlike police report, court documents are public record until they are sealed or expunged or archived
 
I'm most grateful to all of you that shared light with this situation I have. Right now I will just wait until I get any response letter from USCIS. Again, thank you. Promise I will stay away from trouble or at least behind it.
 
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