DV arrest and citizenship application question

imquestion

New Member
Hi guys and gals,
I need your help in clarifying some things.

Background:
A couple of years ago I was arrested for DV after an unfortunate and blown-out-of-proportions argument :eek: with my wife. I spent the night in jail :cool: and was released the next day on bond until the arraingment. Later, after a swarn statement by my wife that there was no physical violence the DA decided not to prosecute and filed "No Information" even before I had an arraingment :eek:.

However, at the time of arrest the Sheriff's department determined that the argument happened in front of the child and refered the case to Child Protection Services for follow up. They came to my wife the next day and had her sign some papers accepting them to visit on a weekly basis to see if the child is in a safe and nurturing environment. Naturaly, after seeing how happy, advanced and loved our son is, the lady closed her case satisfactorily :). I was present when they visited but I was never asked to sign anything nor was it mandatory or court ordered.

Now my two questions:

1. This is actually something that my wife :( worries about and I am trying to convince her that there is nothing to be worried about. She is affraid that because she accepted the Child Protection Services to visit that now that is somehow in her public record and that she may have problems at the naturalization interview. This was not court ordered and I am telling her that neither she neeeds to mention it, nor will USCIS be interested in it, nor will it come up in their background checks. What do you think?

2. I understand that I should answer 'yes' to the question 'Have you ever been arrested ...", but what should I answer to the question "Have you ever been in jail or prison?"? My understanding is that the night I spent in jail before being released on bond I was detained, not jailed. I assume that "in jail' in this question means 'have you ever been sentenced to jail on misdemeanor?'. I could be wrong though. What is confusing me is the fact that they ask for arrest and jail separately. Is it even possible to be arrested without being in jail at least temporarily?

I hope someone who had simmilar problem or is knowledgable about it can help us out.


Thanks,
Your's Truly
 
These answers are my OPINION only. You should consult a lawyer...

She is affraid that because she accepted the Child Protection Services to visit that now that is somehow in her public record and that she may have problems at the naturalization interview. This was not court ordered and I am telling her that neither she neeeds to mention it, nor will USCIS be interested in it, nor will it come up in their background checks. What do you think?
I doubt that this would show up on any records. So, I agree with you. I wouldn't mention it.
2. I understand that I should answer 'yes' to the question 'Have you ever been arrested ...", but what should I answer to the question "Have you ever been in jail or prison?"? My understanding is that the night I spent in jail before being released on bond I was detained, not jailed. I assume that "in jail' in this question means 'have you ever been sentenced to jail on misdemeanor?'. I could be wrong though. What is confusing me is the fact that they ask for arrest and jail separately. Is it even possible to be arrested without being in jail at least temporarily?
In my opinion, spending the night in county lockup would consitute a yes for "Have you ever been in Jail or Prison". This is more than being "detained".
I assume that "in jail' in this question means 'have you ever been sentenced to jail on misdemeanor?'
I take it to mean any jail whatsover.
Is it even possible to be arrested without being in jail at least temporarily?
I think it is...
 
In your case your would answer "yes" since people can get detained (overnight in jail) even if they don't get charged with anything.

Since no charges were ever filed in court, there's no court record of it. As for child services, there's no requirement to divulge that information.
Expect the IO to question you about the detainment and the circumstances behind d it and be prepared to show a court document with "no records found" to back up that you weren't arrested.
 
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