N-400 and arrest statement

U

Unclduey

New Member
I am currently a Canadian Citizen with PR status in the US for almost 30 years now and just started to fill out the N-400. Moved to the US in 1984 at 21 years old and never heard of the Selective Service until filling out the N-400 last night. I did find the info on that situation and not concerned at this point. I am currently 51 years old.

Looking for advice on a arrest situation that I had approx. 16-20 years ago and weather I should open a can of worms. I had a run in with someone that I have a strong feeling was setting me up for an accident and insurance scam. The guy was toying with me on the way home one night and pulled in front of me and hit the brakes and I hit him. Unfortunately I had been at the pub......so I get arrested for suspicion of DUI, but my reading was .05. More to the story but I challenged whatever the citation was and ended up with negligent driving.

So my question is, are the particulars of the arrest my duty to bring up? Does the interviewer know the details of the arrest and will it show "arrested for possible DUI"? I was never charged with a DUI but for whatever reason back then I challenged the citation, I think I was just charged for the accident. So technically I was "arrested" so....

Thanks in advance.
 
Unclduey said:
I am currently a Canadian Citizen with PR status in the US for almost 30 years now and just started to fill out the N-400. Moved to the US in 1984 at 21 years old and never heard of the Selective Service until filling out the N-400 last night. I did find the info on that situation and not concerned at this point. I am currently 51 years old.

Looking for advice on a arrest situation that I had approx. 16-20 years ago and weather I should open a can of worms. I had a run in with someone that I have a strong feeling was setting me up for an accident and insurance scam. The guy was toying with me on the way home one night and pulled in front of me and hit the brakes and I hit him. Unfortunately I had been at the pub......so I get arrested for suspicion of DUI, but my reading was .05. More to the story but I challenged whatever the citation was and ended up with negligent driving.

So my question is, are the particulars of the arrest my duty to bring up? Does the interviewer know the details of the arrest and will it show "arrested for possible DUI"? I was never charged with a DUI but for whatever reason back then I challenged the citation, I think I was just charged for the accident. So technically I was "arrested" so....

Thanks in advance.
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You don't really have a choice here: you must report all arrests, regardless of how long ago they occurred and regardless of whether they resulted in any convictions. The wording of Q16 in part 10D of N-400 requires you to provide this information.

If you report this arrest, they will not deny your N-400.

But if you don't report it, and get caught with having lied in answering Q16 in N-400, they can easily deny your N-400 for lying, on "good moral character grounds". Note that the arrest info may very well be detected by the background check that will be conducted as a part of your N-400 application, so there is a high probability of being caught if you don't report the arrest in N-400.

See the N-400 document checklist for the kind of documentation that you'll need to provide:
http://www.uscis.gov/sites/default/files/files/article/attachments.pdf

The main thing is to contact the court that adjudicated the DUI charge and get a court certified copy of the case disposition and of the arrest record.
Most courts have web-pages with instructions on how to request such records (you'll probably have to pay a small fee).
If not, call the court clerk directly and ask how to request these records.

Also, if you have not kept a copy of the original police report, and if the court did not keep a copy of the arrest record, you may have to contact the police station that handled the arrest and get a copy of the arrest record there.
 
yes you must report it.

yes they will know about it.

no it won't affect your application as it is outside the 5 years "moral tepitude" time frame.

you will need to provide court disposition paperwork so you will need to request that and send your originals in with your application.
 
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