Filing N-400, Question about Moral Character section

vivimmi

New Member
Hi all,

Last year my wife and I had an argument at home and unfortunately we end up hitting each other and then my wife called the cops. I was arrested and charged with Domestic Violence (felony) and was in jail for a day before getting out on bail. My attorney got it reduced to a misdemeanor ( disturbing the peace). My attorney also mentioned that since the charge for which I'm finally convicted does not fall under COMT (Crime or Moral Turpitude or something like that), I can go ahead and file my naturalization application ( N-400) I have a few question about how should I fill the Moral Character section of application. This is what I'm planning to enter, I'll really appreciate if you could let me know if I'm making a mistake somewhere:

16. Have you ever been arrested, cited or detained by any law enforcement officer for any reason?
Answer: Yes

17. Have you ever been charged with committing any crime or offense?
Answer: Yes

18. Have you ever been convicted of a crime or offense?
Answer: Yes

19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
Answer: No
( I was asked to go for Anger management class before charges were reduced, should I say yes here ?)

20. Have you ever received a suspended sentence, been placed on probation or been paroled?
Answer: No
( I was under court probation, not formal probation should I say yes)

21. Have you ever been in jail or prison?
Answer: Yes


Also what should I say in the table below in this section:

"Why were you arrested, cited, detained or charged?": Should I say I was charged for domestic violence or disturbing the peace ?

Based on answer to question above, what should say for "Outcome or disposition of the arrest, citation, detention or charge (No charges filed, charges dismissed, jail, probation, etc.)".

Will really appreciate if you could answer the questions above.

Thanks
 
Just my suggestion is not use a public forum to ask such complex questions. Most of the people here are amateurs and would help out only on a shrink wrapped application.

Please consult a very experienced immigration attorney who has dealt with criminal immigration issues.

Just my 2 cents is you got lucky to be charged as a disorderly conduct instead of domestic violence or else you would have been deported. There are even some misdemeanours which are deportable.
 
#1,

Your case is kinda complicated. So If I were you I would do what #2 suggested.

my 2 cents.
 
Further explanation

Thanks for the suggestions, yes I'm planning to hire an attorney for the whole process. The reason why I'm asking in this forum is, because I almost did a fatal mistake during defending my case. The attorney I had ( and he did say he is familiar with immigration laws) said I should take the misdemeanor plea bargain for domestic violence with no jail time 40 hours of community service and 6 months probation. Only after finding this forum and reading a a number of threads I realized it wasn't "right" advice from immigration point of view and I could be deported, I hired a different attorney who suggested to take it to trial and at that time DA offered the disturbing the peace and anger management classes.

All I'm trying to get some questions/answers before hand and also if anyone else unfortunately went throught it and want to give some advice.

Once again really appreciate your replying to this post.

Thanks!
 
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