Domestic violence misdemeanor (case dismissed no charges filed) and Citizenship

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Ben007

Registered Users (C)
Hi Folks - A friend of mine is planning to apply for citizenship next year. But got himself into this unfortunate circumstances.
He and his wife got into a strong argument (she was super stressed and mad at him for few petty things) and wife then called 911 in panic. Now he got arrested but later next day released. He got a court date. Later he was told by his lawyer that the DA never filed any charges and the case was dismissed. He had no prior issue with the law what so ever.

Please advise if this can be an issue with Citizenship filing next year.

Also, in regards to traveling in/out of US right now will this be an issue or no for him? He is a legal permanent resident.

I will appreciate advise in these two matters.
 
Even if case was dismissed , he still need to attach a court disposition paper with his N400. There's a question on N400 asking if an applicant have ever been arrested . Also, going to a family counseling might help . Attach a paper with N400 about going to family counseling . I believe it'll look like a person is wanting to get better and have a better relationship , in USCIS eyes and in general . My opinion only .
 
Laluna1982 said:
Even if case was dismissed , he still need to attach a court disposition paper with his N400. There's a question on N400 asking if an applicant have ever been arrested . Also, going to a family counseling might help . Attach a paper with N400 about going to family counseling . I believe it'll look like a person is wanting to get better and have a better relationship , in USCIS eyes and in general . My opinion only .
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Thanks - what about traveling in/out of US? do he need to carry any paperwork in regards to his case.
He did not go to any councel etc. as part of this incident.

No charges were filed by the DA and the case was dismissed like I said. Any implications at the POE?
 
I don't think he'll have any troubles at POE( I'm not a lawyer though) . But I assume while he has a valid green card , he should be fine .
 
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Also, for N400 q17: Have you ever been charged with committing any crime of offense?

In his case police original charges were Battery Spouse but no official charges were filed by the DA. Should he say NO to this question?
 
Was it dismissed free and clear, or did he have to pay a fine or get probation or do community service or any other penalty?
 
The case was dismissed on the first court date. The DA office did not file any charges.
No fine, probation, community service of any sort etc.

He has also been told by his lawyer that he is NOT on the no complaint calendar.
 
He still needs to disclose the arrest on N400 and disposition paper as well ( court paper saying that case was dismissed ) .
 
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autuca place;

He got a "no complaint notice" from court that says:

"You have been discharged because no criminal complaint has been filed against you as yet, by the DA's office. This does not mean the charges against you have been dismissed."

It says the misdemeanor cases have 1 year from date of accident for DA to file charges again. Even though case was dismissed from court as of now.

Can someone put more light on this issue?

Since no charges were brought to the court, will he say NO to the question on N400 that says:

"Have you ever been charged with committing any crime or offense"

Should he wait for the 1 year to be over before filing N400 now?
 
Ben007 said:
Since no charges were brought to the court, will he say NO to the question on N400 that says:

"Have you ever been charged with committing any crime or offense"
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Of course, "No". Has you friend been charged? No. Is there any other way to answer this question?

Should he wait for the 1 year to be over before filing N400 now?
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I would strongly recommend to do so. If the charges are not filed within 1 years since the offence, then that case should be closed. The USCIS interviewing officer and his supervisor will have a hard time rejecting N-400 if the charges were not filed and will never be filed for that particular incident.
 
Thanks. Also in regards to travel in/out of the US during this period? assuming currently he has no court date and right now no charges against him? (1 year period still stands like I said...)
 
König said:
Of course, "No". Has you friend been charged? No. Is there any other way to answer this question?


I would strongly recommend to do so. If the charges are not filed within 1 years since the offence, then that case should be closed. The USCIS interviewing officer and his supervisor will have a hard time rejecting N-400 if the charges were not filed and will never be filed for that particular incident.
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König - In regards to have you ever been charged? if you are assuming it means OFFICIAL CHARGES filed by the DA in court. Then that is a NO at this time.

But the court letter of NO COMPLAINT says: Even though case has been discharged. THIS DOES NOT MEAN THE CHARGES AGAINST YOU HAVE BEEN DISMISSED.

So it is in this regards he is confused. Police charges that are still there vs charges filed in court by the DA ... which one the question imply?
 
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