Good moral character

moonsky

New Member
2 Years ago, I was trying to prevent my to get some troubles so I had little argument with my wife outside in the public. A person called the police. I was arrested for domestic battery which I did not do anything to my wife. I was detained for few hours. No Court and No Charges filed. Will I have a problem to obtain citizenship? Thanks!
 
Arrest or just detention?

If you were just detained but not arrested, you have absolutely nothing to worry about. If you were arrested, must mention it on the application, but still there was no conviction, so as long as you tell you truth you will be ok, don't go overboard and admit battery since you didn't commit it anyway.
 
premo said:
If you were just detained but not arrested, you have absolutely nothing to worry about. If you were arrested, must mention it on the application, but still there was no conviction, so as long as you tell you truth you will be ok, don't go overboard and admit battery since you didn't commit it anyway.

I was arrested and detained. You are right that was no conviction and no court. Do you think that I need to hire an attorney for this? Thanks a lot!
 
moonsky said:
I was arrested and detained. You are right that was no conviction and no court. Do you think that I need to hire an attorney for this? Thanks a lot!

Since you were arrested, you will need to declare that on the N-400, and most likely provide written proof of the case disposition during interview. Hard to say whether you need a lawyer - probably not, but my opinion doesn't count for much.
 
What is called detained? I had an argument with my wife and police came to our house because neighbours called in the police.

There were two police officers. One officer asked me to be with him in the lobby outside the house while the other talked to my wife inside the house. The officers when came in asked what happened. I explained we were arguing about our parents. They warned me that this is US and this kinds of things are not tolerated here. Probably he thought that I beat my wife. They also told my wife that to call them if I bother her physically or mentally.

They asked me for my license when they came in.

I am not sure if I was detained. Do you think I was detained?
 
membercentric said:
What is called detained? I had an argument with my wife and police came to our house because neighbours called in the police.

There were two police officers. One officer asked me to be with him in the lobby outside the house while the other talked to my wife inside the house. The officers when came in asked what happened. I explained we were arguing about our parents. They warned me that this is US and this kinds of things are not tolerated here. Probably he thought that I beat my wife. They also told my wife that to call them if I bother her physically or mentally.

They asked me for my license when they came in.

I am not sure if I was detained. Do you think I was detained?

No, you weren't detained - they didn't put on handcuffs or take you down to the station.
 
Based on your description of the incedent, you were neither arrested nor detained. Detention means some kind of confinement, upon arrest you minimal (miranda?) rights will be read to you. Relax.

membercentric said:
What is called detained? I had an argument with my wife and police came to our house because neighbours called in the police.

There were two police officers. One officer asked me to be with him in the lobby outside the house while the other talked to my wife inside the house. The officers when came in asked what happened. I explained we were arguing about our parents. They warned me that this is US and this kinds of things are not tolerated here. Probably he thought that I beat my wife. They also told my wife that to call them if I bother her physically or mentally.

They asked me for my license when they came in.

I am not sure if I was detained. Do you think I was detained?
 
Yes, it should be very obvious if they arrested you (they have to say "you are under arrest" and then "read you your rights"). I do not believe they can detain you unless you are arrested (otherwise it would be unlawful detention).

Then again *I am not a lawyer*
 
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