N-400 with arrest, no charges filed, arrest converted to detention by state

#1
In 2014 I was arrested at the doctors office, driven down-town and booked on a felony code, $50,000 bail. I posted bail and retained an attorney. The DA and my attorney worked on an "informal" resolution where they would monitor my attendance at some programs and classes. I was never arraigned, never charged. The DA just said they would monitor me and if I was ever charged with a crime they would charge me with the felony as well.

I filed my N-400 in 2014 after I was re-united with my family, but was denied citizenship by USCIS on grounds of being unable to demonstrate GMC. The reason given was that I was unable to demonstrate that the case had been "closed". Thing is I couldn't, as there was no final court disposition or an initial court disposition as I never went into the court system, and the DA said they would file against me if I did anything wrong. I walked away from that application and decided to wait.

After consulting with an immigration attorney, they advised that I file again now for a few key reasons:
  1. The statue of limitations on the crime has expired, thus rendering the DA unable to charge me.
  2. The DA wrote a letter citing the fact that the SOL had passed, and that I had finished the classes and kept my nose clean, they would not be filing as it related to the facts in the police report.
  3. If I state my eligibility to file for naturalization was due to marriage, then the statutory period of review by USCIS would be 3-years, not 5.
I just got my biometrics done this month and I'm waiting for my IL to appear.

I want to hear about others who have possibly been in this situation. Thing related to:
  • arrest converted to a detention
  • failed previous filing
  • criminal history with no formal court processing, but an ad-hoc DA resolution
  • criminal history with no re-offence during the statutory period
Also do you think the agent will grill the shit out of me on this? Do I need to emphasize the fact that during the statutory period I've been demonstrating good citizenship? Are they "required" to look past this in any way?

Please share your stories or advice. Thanks!!
 

Jbuff

Active Member
#2
In 2014 I was arrested at the doctors office, driven down-town and booked on a felony code, $50,000 bail. I posted bail and retained an attorney. The DA and my attorney worked on an "informal" resolution where they would monitor my attendance at some programs and classes. I was never arraigned, never charged. The DA just said they would monitor me and if I was ever charged with a crime they would charge me with the felony as well.

I filed my N-400 in 2014 after I was re-united with my family, but was denied citizenship by USCIS on grounds of being unable to demonstrate GMC. The reason given was that I was unable to demonstrate that the case had been "closed". Thing is I couldn't, as there was no final court disposition or an initial court disposition as I never went into the court system, and the DA said they would file against me if I did anything wrong. I walked away from that application and decided to wait.

After consulting with an immigration attorney, they advised that I file again now for a few key reasons:
  1. The statue of limitations on the crime has expired, thus rendering the DA unable to charge me.
  2. The DA wrote a letter citing the fact that the SOL had passed, and that I had finished the classes and kept my nose clean, they would not be filing as it related to the facts in the police report.
  3. If I state my eligibility to file for naturalization was due to marriage, then the statutory period of review by USCIS would be 3-years, not 5.
I just got my biometrics done this month and I'm waiting for my IL to appear.

I want to hear about others who have possibly been in this situation. Thing related to:
  • arrest converted to a detention
  • failed previous filing
  • criminal history with no formal court processing, but an ad-hoc DA resolution
  • criminal history with no re-offence during the statutory period
Also do you think the agent will grill the shit out of me on this? Do I need to emphasize the fact that during the statutory period I've been demonstrating good citizenship? Are they "required" to look past this in any way?

Please share your stories or advice. Thanks!!
Staute of limitations doesnt exist with immigration

If need be they can go back 20 years into your life if they want.

Fyi
If you had to post Bail, sorry to be the bearer of bad news. But you were charged!!!

Regardless if you were charged or not . You were arrested/detained. Would definitely need to mention that in the N400 Application.

Sounds like your attorney got you off on exactly what you said. “The Programs you mentioned”
Then Charges dropped!!

In the eyes of USCIS thats guilty.

USCIS will have a copy of your previous N400 application . The “hard copy” So whatever run ins with the law you”ve had in the pass i sure hope you listed it on your new application as well. “Referring to the “doctors office incident” that got you denied the first time. If you missed anything on the application could cause you to get denied again. Based on lack of good Moral Character.


You shouldve waited atleast 5 years
To apply but seeing that you did already please do keep us Informed.

Good luck
 
#3
If you had to post Bail, sorry to be the bearer of bad news. But you were charged!!!
Thank s for the analysis. My official record with the state does show "none" for charges, and "deferred/more info" as the disposition, and the FBI rap sheet is clean. I have a original signed from the DA saying filing was originally deferred, and as it is no longer possible they wont be doing so. I mention the status of limitations only as a mechanism by which I can be prosecuted for the alleged crime.

I did declare the detention on my application, and matched the information with my previous filing.

In the eyes of USCIS thats guilty.
Is it not true that the statutory period is 3 years when you are eligible through marriage? Does this have bearing on what sort of response they have towards the issue? If I'm "guilty" as yous say, what does 5 years matter?
 

Jbuff

Active Member
#4
Thank s for the analysis. My official record with the state does show "none" for charges, and "deferred/more info" as the disposition, and the FBI rap sheet is clean. I have a original signed from the DA saying filing was originally deferred, and as it is no longer possible they wont be doing so. I mention the status of limitations only as a mechanism by which I can be prosecuted for the alleged crime.

I did declare the detention on my application, and matched the information with my previous filing.



Is it not true that the statutory period is 3 years when you are eligible through marriage? Does this have bearing on what sort of response they have towards the issue? If I'm "guilty" as yous say, what does 5 years matter?
Eligibility through marriage just means you dont have to wait 5 years to file. Instead you can do it in 3 years.
So in that case you would only need 3 years of good moral conduct if filing at that 3 year mark instead of the usuall 5.

5 years of good Moral conduct is what they are looking for because you arent filing at that 3 year mark based on being married to a citizen. “You”ve done that already”


Get a hold of every single court document you can find and proof showing you completed all programmes as required by your “deal”. Take it in with you. Its only 4 years but your chance of approval is better with those documents in hand.

Steady employment . Paid taxes all those things work in your favor because at this point you pretty much have to convince that IO infront of you that you are changed and of “Good moral character”
 
#5
Eligibility through marriage just means you dont have to wait 5 years to file. Instead you can do it in 3 years.
So in that case you would only need 3 years of good moral conduct if filing at that 3 year mark instead of the usuall 5.
So to get really specific on this point.. even though I've been married for 12 years and have spent 11.5 years as a PR, will they still look back 5 years for moral conduct, or just 3 as I filed based on marriage? I know they can look back to the beginning of time, but is there any technicality I can mention here which can help them focus on the last 3 years only? What are the rules on the statutory period?

Get a hold of every single court document you can find and proof showing you completed all programmes as required by your “deal”. Take it in with you. Its only 4 years but your chance of approval is better with those documents in hand.
I have them all, originals. Last time USCIS considered the criminal case "not closed", this time its closed as it can get. Hopefully with that condition met (and my 'deal' complete) they can chill out about that.

Steady employment . Paid taxes all those things work in your favor because at this point you pretty much have to convince that IO infront of you that you are changed and of “Good moral character”
I've been an employed tax payer. Family intact, kids, charity donation, charity work, reference letters from other professionals. What else can I do to demonstrate GMC beyond being a good citizen?
 

Jbuff

Active Member
#6
So to get really specific on this point.. even though I've been married for 12 years and have spent 11.5 years as a PR, will they still look back 5 years for moral conduct, or just 3 as I filed based on marriage? I know they can look back to the beginning of time, but is there any technicality I can mention here which can help them focus on the last 3 years only? What are the rules on the statutory period?



I have them all, originals. Last time USCIS considered the criminal case "not closed", this time its closed as it can get. Hopefully with that condition met (and my 'deal' complete) they can chill out about that.



I've been an employed tax payer. Family intact, kids, charity donation, charity work, reference letters from other professionals. What else can I do to demonstrate GMC beyond being a good citizen?
The fact that u have an arrest within the last 5 years give them the rigt to look back as far as they like. Which in your case wouldnt matter. Seeing that u only have that 1 incident.

There isnt any technicality you can mention to make the IO not ask about the arrest.

Just smile and be polite . Your chance is still good as long as you have the necessary paperwork. “Sounds like you do”

They will need a an original copy of it to keep. To put in your file to be exact.

Fyi. I Got arrested 1 month before my interview. Got denied because the case was still pending ad couldnt get Dispositions fast enough

Fast forward 10 years later . I applied and just to be on the safe side walked with dispostion of that arrest 10 years prior. I had to give the IO . He said without it he couldnt approve me for citizenship.

So trust me when i tell you, your incident will come up.

Just have your paperwork handy and you should. Be fine. GL
 
#7
The only thing I am worried about here is the final disposition -- is this a specific document or some verifiable outcome? I was never arraigned or charged, so I don't have anything from the court. What I have is the letter from the DA saying they aren't and can't do anything (statute of limitations), a letter from the police department saying they have reclassified the arrest to a detention, a letter from CPS saying case closed and the certifications for my parenting classes. My state arrest record has the line: DISPO: PROS REL-DET ONLY-FURTHER INVESTIGATION.

What exact document for the final disposition can I give to USCIS on this?
 

Jbuff

Active Member
#8
The only thing I am worried about here is the final disposition -- is this a specific document or some verifiable outcome? I was never arraigned or charged, so I don't have anything from the court. What I have is the letter from the DA saying they aren't and can't do anything (statute of limitations), a letter from the police department saying they have reclassified the arrest to a detention, a letter from CPS saying case closed and the certifications for my parenting classes. My state arrest record has the line: DISPO: PROS REL-DET ONLY-FURTHER INVESTIGATION.

What exact document for the final disposition can I give to USCIS on this?
Dispo should be short for disposition .

That would be the exact letter they would need. Get The original or a certified copy.
 

Jbuff

Active Member
#10
I have the original report I ordered from the state.

It says my wait time to get an interview is going to be approx 13 months (I'm past biometrics). Damn!
I waited exactly 12.5 months. At one point i thought they forgot about me. Hopefully you”re signed up online so you can get notifications and text alerts on your phone.
 
#12
** UPDATE ** -- SUCCESS!! I was recommended for approval and am scheduled for an Oath Ceremony next week.

During the interview, after passing the civics/writing/reading tests, we went over my eligibility. After answering the normal "are you a Nazi" and "Are you a rapist" style questions we got onto the arrest. Fortunately for me California reclassified the arrest to a detention as no charges were filed. As I mentioned above, I had a letter from the DA stating that the statute of limitations had expired, and I had been out of trouble, and as such they were not going to be filing any charges. The officer did not dwell on this aspect -- he simply stated that he read all the material I submitted as well as my explanation letter and that he was going to change my response to something even more favorable than what I put, using words like "unintentional" and "routine call to law enforcement". He moved on without looking back and continued the interview to completion.

I was asked if I wanted to naturalize this month and of course I said yes. He had me wait after the interview to be hand-delivered an Oath Ceremony invitation. I'm scheduled to take the Oath next week.

In the end the timeline of events were such:

March xx, 2019 - scheduled your naturalization ceremony
March xx, 2019 - approved your application
March xx, 2019 - attended your interview
February xx, 2019 - scheduled your interview
August xx, 2018 - reviewed your biometrics
July xx, 2018 - scheduled your biometrics appointment (I had to move it)
July xx, 2018 - scheduled your biometrics appointment
July xx, 2018 - received your application
 
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