Listing Arrests in COP on N-400 or NOT??

L

lindapan_cc

New Member
Hello Brothers and Sisters,
I'm new to this forum and as I'm ready to file my N-400, I'm getting both nervous and excited. One question I have been debating is whether or not to list my arrest in COP. I know it's definitely arrest, however I don't want to create unnecessary confusion or lengthy process time by doing that. Actually, I try not to volunteer any information (as I'm always told by others) on my AS6 status or COP, thus I'm a bit lost and not sure what to do. Any advice? Thanks.:eek:
 
I am going to state or kind of repeat my self again here with the same comment format I did in the other forums.

Here are the scenarios as I envisioned it:

Scenario 1 – you don’t report it (not volunteering information unless asked). If the officer be able to review your file before interview or during and is well versed with asylum applications, you might raise a red flag. You will be asked. I have read in the other forums where people explain to the IO that the arrest stated in the forums is only limited to United States and any of the territories. But I honestly don’t believe this will convince the IO to approve you case right away. Decision cannot be made and you have delayed your case by 120 days at least.


Scenario 2 – you don’t report it, IO didn’t ask and your case approved. Which I have read in these same forums works for some and it didn’t for others. All depends on your luck and IO mood at the interview: how he/she feeling that day?, Did they have a good night the previous day? , did they have healthy/tasty breakfast in the morning?, did traffic coming to work was pleasant ?, Did their kids grade is improving ?, weather ??, etc etc etc ….Don’t underestimate this. They are all humans and as we are affected by all these daily moments, so do they. I have read stories in these forums where IO just had a bad day and take the anguish out on the OP regardless of his case. If that is the case , decision cannot be made and you have delayed your case by 120 days at least.


Scenario 3 – You report it. After all you are signing the form under penalty of perjury. IO sees it. He/she will definitely panics and asks gazillion number of questions and all of a sudden you find your self 2 hours in the interview and the IO looks like a “deer looking in the head light” confused and asks you for more evidence. Decision cannot be made and you have delayed your case by 120 days at least.

I am not trying to tell you do any of the above. Here I merely illustrating the fact that USCIS law is not a civil or criminal or family or else law. It’s a law designed /formatted /structured in such a way that the final decision is solely depend on the interpretation of the IO of how the law should be applied based on how IO sees the case at the time of the interview. Little or no facts. Little or no figures. Little or no evidence. No one can be able to explain the out come (even the immigration lawyers) based on their experience. I guess that’s why it makes it more fascinating and we are still discussing about it.

All I can tell you is good luck brother and I wish you get the best sound and open minded IO at your interview. You have to decide on your own what best route to take and own up to the out come. No one in these forums including me can for a fact know what is right or wrong.
 
lindapan_cc said:
Hello Brothers and Sisters,
I'm new to this forum and as I'm ready to file my N-400, I'm getting both nervous and excited. One question I have been debating is whether or not to list my arrest in COP. I know it's definitely arrest, however I don't want to create unnecessary confusion or lengthy process time by doing that. Actually, I try not to volunteer any information (as I'm always told by others) on my AS6 status or COP, thus I'm a bit lost and not sure what to do. Any advice? Thanks.:eek:
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Lindapan, You would certainly mention your arrest matter in your N-400 application. Although it was in your COP & USCIS is least concern about your past history in COP but it's a matter of integrity issue. You will certainly have the opportunity to explain all them in your citizenship interview to the officer & if I am not wrong that's also a part of the reasons of your asylum application.
I was not arrested in my COP but I was detined & later released but no charges were filed. I mention that in my N-400 application & during my interview IO asked me about that & I simply explained her what had really happened. She seemed satisfied. To make a long story short when an applicant is called for an citizenship interview USCIS has already performed all your back ground check extensively. After all them you were advised to appear for the interview. So just be honest & explain any questions asked by your IO that's all. Triying to hide something will rather put yourself in more trouble. As it says " Honesty is the best policy".
Don't worry too much I was very nervous at my citizenship interview but later found out it's simple & routine. USCIS were more concern when they issued your GC & now it's just another formality & it's simple. Things could go hard if someone does something after receiving GC. So USCIS's main area of concern is an applicants GC through US citizenship period of time.
Good luck. Everything will be just fine.
Atique.
 
Simply list it under the question because it says "have you ever been detained, arrested....etc", for those who does not have a formal warrant or anything, make an affidavit stating the circumstances. You will be fine.
 
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