Gurus Help, what is arrest, Charges,

[Adarsh]

I am filing for Citizenship and need help for few questions on form N400. I am sorry for my mistakes.
I am having GC for 6 years (employment based GC)
I need help to fill up N400 and problems I have listed below:

A) I moved from NY to NJ, got NJ car plates and I had driving license of NY and was driving in NJ and police officer stopped me and asked me about the state inspection sticker that I had on my car. He asked me from where did you got it. I informed him that I sent my friend to get car inspected and he got the sticker from inspection agency in Elizabeth NJ. Police officer told me that this sticker is not genuine and he took the sticker from the car. He gave me three tickets. I went to Municipal court next day with lawyer and 2 tickets were dismissed and for one ticked I had to pay total fine $530. $500-fine$30-court cost.

I have got the court dispositions and court has sent 3 copies. On two copies they have written ticket “dismissed” and on 3rd copy the have written fined #530 fine paid and I have also receipt.


B) In 2000 I was driving my car in night in NJ and spotted a lady and asked if she want to go. Immediately police came and officer asked me to come out of the car and told me that I am under arrest. The police officer took me to Police station I was fingerprinted and photographed. I was in police station for 5 hours and later police officer told me to come tomorrow to the municipal court. Next day I went to court and judge was smiling as he looked at all and told that yesterday police had raid and he is not filing criminal charges if we are ready to pay $500 fine and $30 court fee. Total fine $530. Judge asked those who are ready to pay should raise the hands. I raised my hand and others also raised hands and judge told us to go out and pay the fine. I paid the fine.
I got the receipt of fine paid. And asked for court document at that time and on the Print out that the court lady gave me is written:
Charges:001 Offience: 2C: 34-1-1
And then it is written AMMEMDED Offence: 91-2
Disc: LIOTERING.
As this incident was before my GC approval and my file was transferred to local USCIS office for Interview. I gave the above print out from Court to the officer at the time of interview and he just looked at it and kept in file my Passport was stamped and I got approved and got the Card after 3-4 months.

I have got the Certified court disposition and it states, my name,
Docket number (nothing for Docket number) address: my address. Date of offence: they wrote the date. Date of process: they wrote the date. Name of complaining witness: they wrote the name. Trail and hearing date: they wrote the date.
HOW DISPOSED AND HEARING: Amended to C.O.91-2, FINED$530

Form N400 has below questions and I don’t know the correct answer. Please help me to fill up the form.

15. Have you ever committed a crime or offense for which you were not arrested?
ANS: I will write NO
16. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
ANS: I will write YES
17. Have you ever been charged with committing any crime or offense?
ANS: I don’t know if I should write YES/NO Please help
18. Have you ever been convicted of a crime or offense?
ANS: I don’t know if I should write YES/NO

AND after Question 21 the application also ask:

Question: why were you arrested, cited, detained or charged:

My answer is: Traffic ticket
My second answer will be: LIOTERING
QUESTION: Outcome or disposition of the arrest, Citation, detention, or charge (No charge filed, Charges dismissed, jail, Probation, etc)

I dont know what I should write


Thanks for reading my post and for the help.

 

[Bobsmyth]

17. Have you ever been charged with committing any crime or offense?
ANS: I don’t know if I should write YES/NO Please help

You would answer YES since you were charged for with 34-1-1 (Soliciting services of a prostitute)

18. Have you ever been convicted of a crime or offense?
ANS: I don’t know if I should write YES/NO

You would answer YES since you were convicted of loitering (amended charge)

AND after Question 21 the application also ask:

Question: why were you arrested, cited, detained or charged:

My answer is: Traffic ticket
My second answer will be: LIOTERING
QUESTION: Outcome or disposition of the arrest, Citation, detention, or charge (No charge filed, Charges dismissed, jail, Probation, etc)

I dont know what I should write

Outcome would be convicted for loitering, paid $500 fine.

You should be fine since charge happened outside statutory period.

 

[paulclarke1]

I would think you alsow would need to answer yes to question 22b. "Have you ever: Been a prostitute, or procured anyone for prostitution?" Again you would most likely be ok because the guideline is 5 years. I would also advise talking to a lawyer.

 

[Bobsmyth]

I would think you alsow would need to answer yes to question 22b. "Have you ever: Been a prostitute, or procured anyone for prostitution?" Again you would most likely be ok because the guideline is 5 years. I would also advise talking to a lawyer.

The OP would answer NO to that question since:

a) he wasn't a prostitute
b) he wasn't a pimp

"Procuring anyone for prostitution" basically means pimping, not soliciting services of a prostitute.

 

[Jackolantern]

I would think you alsow would need to answer yes to question 22b. "Have you ever: Been a prostitute, or procured anyone for prostitution?"

Being charged with doing something isn't the same as doing something. The conviction was for loitering, not prostitution or pimping.

 

[paulclarke1]

To: Jackolantern.
I stand corrected on the definition of procurement, and while it is now beside the point, the question on the form is "Have you ever", not "have you been convicted".

 

[Adarsh]

You would answer YES since you were charged for with 34-1-1 (Soliciting services of a prostitute)


You would answer YES since you were convicted of loitering (amended charge)


Outcome would be convicted for loitering, paid $500 fine.

You should be fine since charge happened outside statutory period.

question 21. Have you ever been in jail or Prison

should I write YES or NO

Outcome of diposition of the arrest,Citation,detention or charge the application only asks (no Charges Filed, Charges Dismissed,jail, probation,Etc)

They dont ask for word "conviction"
Should I need to write: Convicted or I should only write Paid fine $530 (the application has not enough space.

 

[Bobsmyth]

question 21. Have you ever been in jail or Prison

should I write YES or NO

You would answer NO since you never were sent to prison or had to do any jail time. Detention is not considered jail in this context.

Outcome of diposition of the arrest,Citation,detention or charge the application only asks (no Charges Filed, Charges Dismissed,jail, probation,Etc)

They dont ask for word "conviction"
Should I need to write: Convicted or I should only write Paid fine $530 (the application has not enough space.

They want to know the outcome of the court case, so in your case it would be convicted of loitering and fined $500.
Your conviction falls outside probationary period so you should be ok. Don't divulge more than you have to at interview or go into details of arrest (ex. you were driving late one night looking for prostitute).

 

[Jackolantern]

To: Jackolantern.
I stand corrected on the definition of procurement, and while it is now beside the point, the question on the form is "Have you ever", not "have you been convicted".

I get your point, but still the OP never said he actually did what he was originally charged with, and the type of conviction also doesn't indicate that he did it (even if you can read between the lines and figure out the likely meaning of what he did).