Is this domestic voilence?

A

axmady

Registered Users (C)
I am going to apply for U.S. Citizenship soon and trying to fill out N 400 application.
About 3 years ago i had an argument with my wife and I pushed her out of my way because she would not let me go outside. She called the cops and when they came, one of the cops talked to my wife inside the house while the other took me to his police car and put me in the back seat of his car (without any hand cuffs) and talked to me. My wife refused to file any charges against me. I sat there for 20 minutes and then he advised me to leave the house for couple of hours to cool myself down. He did not arrest me nor any charges were filed. I drove around for couple of hours and came back. Everything was normal after that. Now my question is how should I response to question 16 of part D of 10?
 
axmady said:
I am going to apply for U.S. Citizenship soon and trying to fill out N 400 application.
About 3 years ago i had an argument with my wife and I pushed her out of my way because she would not let me go outside. She called the cops and when they came, one of the cops talked to my wife inside the house while the other took me to his police car and put me in the back seat of his car (without any hand cuffs) and talked to me. My wife refused to file any charges against me. I sat there for 20 minutes and then he advised me to leave the house for couple of hours to cool myself down. He did not arrest me nor any charges were filed. I drove around for couple of hours and came back. Everything was normal after that. Now my question is how should I response to question 16 of part D of 10?
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Strctly speaking you should answer Yes, but I think practically just answer No. Providing details about such trival things, in my opinion is not honesty,
but try to harass USCIS with frivolous irrelevancy
 
axmady said:
I am going to apply for U.S. Citizenship soon and trying to fill out N 400 application.
About 3 years ago i had an argument with my wife and I pushed her out of my way because she would not let me go outside. She called the cops and when they came, one of the cops talked to my wife inside the house while the other took me to his police car and put me in the back seat of his car (without any hand cuffs) and talked to me. My wife refused to file any charges against me. I sat there for 20 minutes and then he advised me to leave the house for couple of hours to cool myself down. He did not arrest me nor any charges were filed. I drove around for couple of hours and came back. Everything was normal after that. Now my question is how should I response to question 16 of part D of 10?
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Based on a reading of the Part 10 Instructions found in the N-400 instructions, you would have to answer YES and provide a written explanation. Question 16 asks if you have ever been "detained". I am not sure what the exact legal definition of "detained" would be, but I could believe that being asked to sit in the back of a police car could be considered as being "detained".

In any case, in the absence of any additional incidents/arrests, I don't think this should be an issue for you.
 
axmady said:
I am going to apply for U.S. Citizenship soon and trying to fill out N 400 application.
About 3 years ago i had an argument with my wife and I pushed her out of my way because she would not let me go outside. She called the cops and when they came, one of the cops talked to my wife inside the house while the other took me to his police car and put me in the back seat of his car (without any hand cuffs) and talked to me. My wife refused to file any charges against me. I sat there for 20 minutes and then he advised me to leave the house for couple of hours to cool myself down. He did not arrest me nor any charges were filed. I drove around for couple of hours and came back. Everything was normal after that. Now my question is how should I response to question 16 of part D of 10?
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My opinion - Call the police department (where the cops came from) - record keeping dept specifically and ask for any information on the domestic dispute. Try not to portray it as anything else. Ask them if the incident is considered a citation or 'detained'. Double check to make sure if specific language used in the report use the terms. I believe citations usually involve issuing a ticket to the offender. I am not sure if such thing is required when 'detained'. You can also request the report of the incident (there may be small fee). Read it and then make the decision.
 
You would answer YES since they detained you in cruiser to cool down. Simply provide an explanation (no arrest) in the table after question 21. This is a non issue since there never was an arrest.
 
Bobsmyth said:
You would answer YES since they detained you in cruiser to cool down. Simply provide an explanation (no arrest) in the table after question 21. This is a non issue since there never was an arrest.
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Then he should answer Yes too to Q 15: Have you ever commited a crime or offense for which you were not arrested.
 
axmady said:
I am going to apply for U.S. Citizenship soon and trying to fill out N 400 application.
About 3 years ago i had an argument with my wife and I pushed her out of my way because she would not let me go outside. She called the cops and when they came, one of the cops talked to my wife inside the house while the other took me to his police car and put me in the back seat of his car (without any hand cuffs) and talked to me. My wife refused to file any charges against me. I sat there for 20 minutes and then he advised me to leave the house for couple of hours to cool myself down. He did not arrest me nor any charges were filed. I drove around for couple of hours and came back. Everything was normal after that. Now my question is how should I response to question 16 of part D of 10?
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I respect all people says answer "YES" but I disagree. Answer NO since nothing filed against you (not just arrest). However go local police office and ask if there is any record for this incident. IF THERE IS NO RECORD you can safely answer NO and don't bring it up on your interview. It is not being honest, it is just confusing IO and make your case delay with no reason.
 
immigrant7777 said:
I respect all people says answer "YES" but I disagree. Answer NO since nothing filed against you (not just arrest). However go local police office and ask if there is any record for this incident. IF THERE IS NO RECORD you can safely answer NO and don't bring it up on your interview. It is not being honest, it is just confusing IO and make your case delay with no reason.
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I would also agree... answer NO should be the choice, since if it was never filed, you wouldn't be able to get a dismissed letter from police.
so if you answer YES and police doesn't have a record then how would you prove that it was never filed or dismissed.
 
axmady said:
My wife refused to file any charges against me. I sat there for 20 minutes and then he advised me to leave the house for couple of hours to cool myself down.
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I am not a Lawyer, but I would go to the Court in that jurisdiction and ask for all recorded issues against your name and DOB. If they cannot find anything then the answers would all be "no." If they do find something then get a certified copy of the information and any disposition or other documentation they have. The answer would be "yes."

These are all Public records.
 
WhichWay2Go said:
I am not a Lawyer, but I would go to the Court in that jurisdiction and ask for all recorded issues against your name and DOB. If they cannot find anything then the answers would all be "no." If they do find something then get a certified copy of the information and any disposition or other documentation they have. The answer would be "yes."

These are all Public records.
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He did not get any citation so court was never involved. Only the police dept
was involved. Records kept by PD are not open to the public.
 
WBH said:
He did not get any citation so court was never involved.
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I understand that and that's why I suggest checking with the Court. If there is not a citation or arrest in the Court's records then the answer would be "no."

I do not see sitting in the back of a Police car as "detained" especially since there were no handcuffs. If he was handcuffed to the metal rail in the back then that would be detained.

As it was we do not even now if the door was shut or not. If it was not shut then he would be free to go. That would have been dumb to do, but there are parameters to define "detained."
 
WhichWay2Go said:
I understand that and that's why I suggest checking with the Court. If there is not a citation or arrest in the Court's records then the answer would be "no."

I do not see sitting in the back of a Police car as "detained" especially since there were no handcuffs. If he was handcuffed to the metal rail in the back then that would be detained.

As it was we do not even now if the door was shut or not. If it was not shut then he would be free to go. That would have been dumb to do, but there are parameters to define "detained."
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He should go only local police station not to court. It will be wasting his time.
 
immigrant7777 said:
I respect all people says answer "YES" but I disagree. Answer NO since nothing filed against you (not just arrest). However go local police office and ask if there is any record for this incident. IF THERE IS NO RECORD you can safely answer NO and don't bring it up on your interview. It is not being honest, it is just confusing IO and make your case delay with no reason.
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The question is not only about arrest and citation, but also detention. One can be detained and never be arrested or cited.
How does being detained by the police without an arrest or citation cause confusion with the IO?
 
truedesi said:
I would also agree... answer NO should be the choice, since if it was never filed, you wouldn't be able to get a dismissed letter from police.
so if you answer YES and police doesn't have a record then how would you prove that it was never filed or dismissed.
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The OP would answer he never got arrested or cited..that's proof of dismissal in itself.
 
I would answer yes with a written explanation. Were you questioned while in the crusier? And you were detained - but not arrested.

Going to the Police yourself to see what they have on file is all very well, but as I understand it - UCIS have access to information that is not available to you or I, or indeed other agencies.

I think you owuld be fine answering yes and putting the explanation in writing.
 
campgill said:
Going to the Police yourself to see what they have on file is all very well, but as I understand it - UCIS have access to information that is not available to you or I, or indeed other agencies.
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All information USCIS or other Federal agency stores about you is available to you under a FOIA request.
 
eltoro said:
All information USCIS or other Federal agency stores about you is available to you under a FOIA request.
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It is pretty much useless. There is a lot of loophole about FOIA. So either
they intentionally spend 2 years hornoing your request or they send you
material with important items blooted out.
 
campgill said:
I would answer yes with a written explanation. Were you questioned while in the crusier? And you were detained - but not arrested.

Going to the Police yourself to see what they have on file is all very well, but as I understand it - UCIS have access to information that is not available to you or I, or indeed other agencies.

I think you owuld be fine answering yes and putting the explanation in writing.
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I also think he would be fine answering No. So for everyone's sake, answer No
to speed up USCIS process
 
WBH said:
I also think he would be fine answering No. So for everyone's sake, answer No
to speed up USCIS process
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I agree, answer NO save your time and others. Only think you should do is go your local police station and ask for any record for you detained or arrested (don't think you arrested as you mentioned above) and we know you did not cited. Again there is no reason to answer YES and confuse IO with no reason.
 
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