Filed for Divorce

J

johnnyrocket

Registered Users (C)
Dear Experts
Need couple of advices
1. If I filed for divorce, I am still legally married. Should I be giving marriage details?
2. If I was arrested and charges were dropped, Is is "Yes" for "Have you ever been charged with committing any crime or offense?"

Please advice
Thanks
 
You need to put married in the application since you don't have the divorce paper but you can write a note explaining your are separated from your spouse etc. If you were arrested the answer is yes but you don't provide a lot of information about it so is hard to tell. What happen? When were you arrested? Were your fingerprints taken?
 
I was arrested because my wife wanted to scare me. She called cops saying I tried to choke her
So they came and did not even listen to me, and took me too jail.
When she realized that they took me, she hired a lawyer to bring me out and then charges were dropped
I think I was finger printed and picture was taken too.
 
Get a police report...

johnnyrocket said:
I was arrested because my wife wanted to scare me. She called cops saying I tried to choke her
So they came and did not even listen to me, and took me too jail.
When she realized that they took me, she hired a lawyer to bring me out and then charges were dropped
I think I was finger printed and picture was taken too.
Click to expand...


You should get a police report of this incident as soon as possible. It is imperative that you have a idea of what they wrote, what you don't know can kill you, so this can derail your citizenship application too. Before you complete this application, please ensure that you have this report so as you don't blind-side yourself and empower USCIS more than is has already being empowered. If you were finger-printed, the report should state all of this information as well.

You should check YES and provide an explanation, but don't volunteer any information unless it deals with this issue DIRECTLY, and it seems as you are no longer going to roll-forward with your wife, it could have been appropriate to get her to write a sworn statement of this incident, basically admitting that she wanted to scare you, so she called the cops. However, since it will be a sworn statement, she is bound to be prosecuted by the DA in your area, because USCIS could easily turn this document to the DA, and such an offense could be small jail time and/or fine or both. Lying to the police is a crime, just as Scooter Libby is going to find out soon...that lying to the FBI is = to charcoaling your butt... ;)

Lastly, you should NOT MENTION in your application that YOU are separated. It is a ludicrous IDEA to start with. You are either married or divorced, because if the application made an allocation of separated, then USCIS could have made this box. So, JUST check MARRIED. I believe that by the time you are interviewed, your divorce wouldn't be final, based on national average on how long it takes to finalize a divorce case. On average a year to 18 months. So, you could be sworn in as a married, but in divorce proceedings stage. Keep a lid on your separate mumbo-jumbo, it is a not a requirement for you to apply.... :rolleyes:
 
More Question

Hello Al,
I am adding my questions here, so that you can respond here. This way your valuable research can help others also.

The lawyer who went to court on my behalf said that "No complaint was filed in County Clerk's office"
My questions are
1. Does that mean I was NOT charged?
2. Will County clerk have my police report?
3. Do I need a lawyer for my case?
4. When do you usually look for lawyer, if your application does not go through OR right from the begining?
Thanks in anticipation
 
See response in red.

johnnyrocket said:
Hello Al,
I am adding my questions here, so that you can respond here. This way your valuable research can help others also.

The lawyer who went to court on my behalf said that "No complaint was filed in County Clerk's office"
My questions are

1. Does that mean I was NOT charged?

It doesn't mean that charges were never filed or a police report never written, but rather the District Attorney didn't feel that your case has any merits to be be prosecuted in a court of law. Police Officers also are open to legal advise in most cases, because an assault on a police officer will definitely be prosecuted to he full extent of the law, a police officer will not need a legal advise to detemine if he needs to file a case. The DA will jump on it, because it is a sure conviction in most cases.

Also, you can ask your lawyer to write a final disposition of this matter for your own peace of mind. It will be a simple letter stating the fact that he represented you in this matter, which was never brought to a court of law, as such you are in no way a danger or inadmissable to the citizenship of the United States. Also, you were arrested, but charges were dropped. Moreover, you will also need a police report or a statement from the police precint colloborating your attorney's statement.

Lastly, how was attorney notified that he has to appear in court on your behalf regarding this matter? So, why were you arrested and nature of the alleged crime? This is important, so let me know...
2. Will County clerk have my police report?

NO. The only place which will have a police report is the POLICE PRECINT which took the report. So, the only place which you need to visit is the police station. In all police units, there are public information officers, so you can call and ask to speak to one, explain your case and listen for advise. However, 100 out of 100, I will visit a police precint if I needed something from them, because it gives your case much weight when you are there in person.

3. Do I need a lawyer for my case?

Personally, I don't see the need for a lawyer. First of all, you were never charged with any crime, so what use will your att. be if there is no crime? :confused:

4. When do you usually look for lawyer, if your application does not go
through OR right from the begining?

Man, if you had stolen something from a store, got charged with a small crime and were on probation for 2 years, then when you apply for your citizenship, would advise you to get a lawyer. Simpley because stealing is a crime of moral turpitude, how can you live in a free society while you are a thief??? :rolleyes: So, it is a moral issues of right and wrong.
So, you will need a lawyer to vouche for your good character and reform and why you should be accepted as an American citizen.


Thanks in anticipation
Click to expand...
 
Good Advice. Few more questions

Thanks Al,
First I will answer the questions
"Lastly, how was attorney notified that he has to appear in court on your behalf regarding this matter? So, why were you arrested and nature of the alleged crime? This is important, so let me know..."
My wife's colleague recommended this attorney so she approached him. When she called 911 she said that I tried to choke her (just to scare me).
When cops arrived and took me to jail without telling her, she knew it went too far and she called her colleague, who introduced her to the attorney next morning.
She even asked cops not to take me (I was already in the car by that time)
but they refused.
I hope this gives idea.
I will also go to precinct and see if they can give me some advice.


May I ask few more questions?
1. I am asking attorney to provide the disposition mentioned. Should I put this copy along with my N-400 and refer this in N-400?
2. Am I making big deal out of it by doing this? I just want to make sure I am not making hype out of trivial matter.


Thanks
 
If you are arrested but not charged or the charge was dropped, you should be fine. However, if the charge of domestic violence was filed and you pleaded guilty or no context then that becomes a deportable crime, no matter how small the incidence was. Domestic Violence is an offence which does not even fall under the petty offence exclusion. Also remember, even if the wife does not finally file any charge, the police on its own can file a domestic violence charge and in most cases, to cover their own back, they do. If there is any doubts regarding if a charge was filed or not, you have to consult a good immigration attorney.
MGM
 
MGM said:
If you are arrested but not charged or the charge was dropped, you should be fine. However, if the charge of domestic violence was filed and you pleaded guilty or no context then that becomes a deportable crime, no matter how small the incidence was. Domestic Violence is an offence which does not even fall under the petty offence exclusion. Also remember, even if the wife does not finally file any charge, the police on its own can file a domestic violence charge and in most cases, to cover their own back, they do. If there is any doubts regarding if a charge was filed or not, you have to consult a good immigration attorney.
MGM
Click to expand...

Right, domestic violance will spell trouble for you at your interview.
There must be a way to check if you were arrested. Can't you go
down and ask for a copy of the report?

It's a shame your wife tried to scare you.
 
Police Report

I obtained my police report and I was charged with 273.5(A) PC
Other than it shows the statement of me and my wife.
Do I have to attach the police report with my N-400?
What are the "red flags" I need to look for in my report?
If I hire attorney, will they help me in writing N-400 OR anything special I cannot do myself?
Thanks for the advices.
 
Where...

johnnyrocket said:
I obtained my police report and I was charged with 273.5(A) PC
Other than it shows the statement of me and my wife.
Do I have to attach the police report with my N-400?
What are the "red flags" I need to look for in my report?
If I hire attorney, will they help me in writing N-400 OR anything special I cannot do myself?
Thanks for the advices.
Click to expand...


Johnny,

Which state do you live ? :eek:

AL
 
Penal Code

johnnyrocket said:
Santa Clara Couny, California
Click to expand...


Johnny, :(

I looked the penal code in the state of california under which you were charged. It is a serious crime or charge in the state of CA, because it carries a presumptive bail of $25,000.00. The penal code is: INFLICT CORPORAL INJURY ON CURRENT OR FORMER SPOUSE OR COHABITANT. As such, this penal code could tank your N400 application, because it deals with moral turpitude, and USCIS could suspect you to be a wife beater or so, and when you don't have a lawyer present with you, USCIS officer tend to be BIG BULLIES and can deny your N400 on this basis, just for the fun of it and to frustrate you.... :rolleyes:


As much as you were NOT convicted or spend time in jail, I would strongly recommend you hire a competent immigration lawyer, and this law firm seems to be on the cutting edge of immigration law. I will recommend that you do a phone call consultation with Ron Gotcher before finalizing anything as far as signing a retainer with him. First of all, have a feel as to how this can impact your case, which I suspect will have a BIG impact :confused: :confused:

The Gotcher Law Group, PC
15300 Ventura Boulevard, Suite 507
Sherman Oaks, CA 91403
PHONE: (818) 990-4922
FAX: (818) 990-4964

In the state of California, I will recommend Ron Gotcher, I gather that he is a fair minded man, and understand the bureaucracy of this USCIS :o So, after you talk to Ron, then let us know what was his suggestion or advise, and note that there will be a consultation fee, which I will urge you to spend and get a legal advise which has a potential to help you gain your citizenship.
 
California PC 273.5(a) is clearly a deportable offence. However, you have mentioned that the charges were dropped and you or your attorney really never had to go to court and you never pleaded guilty or no contest to the charges. If that is true you should be fine. However, do not even think of filing your N400 without talking to an attorney. If there was any conviction on these charges, then as soon as this is brought under the attention of BCIS, they will place you under deportation proceeding and may even take you in custody. Hire an attorney (a competent one) as soon as possible and explore all your options. I hope that all works out alright in your case and everything is sorted out.
MGM
 
Last edited by a moderator:
johnnyrocket said:
Thanks Al,
approached him. When she called 911 she said that I tried to choke her (just to scare me).
When cops arrived and took me to jail without telling her, she knew it went too far and she called her colleague, who introduced her to the attorney next Thanks
Click to expand...

There is another problem that people haven't picked up on.

If you and your wife are filing for citizenship together and you
state the above story your wife could be in trouble with the USCIS for
filing a false police report. I believe from your above statement
that she told the police you tried to choke her and this was
*not* the case. Lying when filing a police report is a big deal
in the U.S.
 
Discussion with Attorney

Hello
I had discussion with Ron. He was a good person to talk with.
He said "If the charges were dropped" there is nothing to worry about.
I will need attorney if USCIS refuse it and he said it will be a "weak case" because charges were dropped.
I actually contacted few others also and they said the same thing.
Q1. Do you think I need to be alarmed about anything now?
Couple of more question
Q2. What should I mention in my application under "Why were you arrested, cited, detained or charged?"
My police report says
* PC 273.5
* "Injure spouse, cohab"
* OR should I mention Domestic Violence
* OR should I keep it something like (I cannot think of one)
Q3. Do attorney actually go with you to Interview? Nobody mentioned this.
Please advice
Regards
J
 
Need advice

Hello
I got confirmation from court clerk that "Arrest was made but charges were not filed".
I need few advice
1. I have collected Police Report, Letter from attorney, County Clerk. Should I submit all of them along with my N-400? My worry is that police report does not communicate good picture, whatever was the outcome
2. What kind of write up should I enclose to explain my situation?
3. Should I mention "Reason of arrest" as "Domestic Violence" ? Where should I pick the exact verbiage from?
4. Attorney is asking $700 for filling up the form, etc. Is it worth it?
Thanks
 
Nobody here can definitively answer your questions. Pay the $700 and get some advice from your chosen qualified professional.
 
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