N 400

[jigsaw]

Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..

 

[DavidSEA]

Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.

Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.

By the interview date the latest (you might get an RFE before the interview?), make sure you have documentation from the court how both cases were disposed of in the end: document that the DA didn't charge you and get a court paper that the contact order violation was dismissed.

I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.

Have court documentation ready at the intervew, just in case the IO probes in this direction.

How all of this will affect my application for citizenship. ...

Both proceedings were dismissed in your favor. As long as you have court documentation of the outcome, I doubt it affects your application much (other than spawning questions by the IO). For naturalization, you need to fulfill the general "community moral standards"; none of us is expected to be a saint.
Also, the IO expects proof that no court decisions are still looming (i.e. no skeletons in your closet) that could question your "moral turpitude" (look its definition up on wikipedia or on State Dept.'s Foreign Affair Manual; sorry, still can't post links directly yet).
Assault (which might have been your charge in the domestic violence, I don't know and don't really need to know), might be reason for denial if severe enough. But since the DA didn't even bother to press charges, you're off the hook as long as you can document.

if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..

And even in the case that your application were denied, your GC status is not affected, you'd still be in LPR status (even when the GC card expires, all you have to do is request a new card).
You could only be deported if you were committed of more severe crimes that would indicate you no longer even meet the bar for GC (e.g. fraud in immigration cases, etc)

 

[Bobsmyth]

Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor.... Me and my father were not formally charged by DA.

So you were arrested but never charged? If so, just make sure to bring arrest papers to interview indicating that no charges were ever laid.

Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
S

Did you have to enter a plea to contest the charge?

 

[jigsaw]

thanks guys for your replies.

Bobsmyth,

So you were arrested but never charged?

Yes arrested but never formally charged..

No I didnot enter a plea. My lawyer put in some motion to get the case dismissed. The judge ordered the city to trace the witness..but city never got hold of the witness...next hearing case dismissed...

 

[Bobsmyth]

thanks guys for your replies.

Bobsmyth,

So you were arrested but never charged?

Yes arrested but never formally charged..

No I didnot enter a plea. My lawyer put in some motion to get the case dismissed. The judge ordered the city to trace the witness..but city never got hold of the witness...next hearing case dismissed...

You're fine. Just bring court documents to interview.

 

[jigsaw]

Thanks DavidSEA

In the felony case, since no charges were filed and I checked with court clerk, there are no court documents. All I have is the police report. But my wife received a letter from the DA that "the DA has decided not to file charges but this does not mean that the crime never happened". But I never received anything from DA office. Should I try to get the record expunged

 

[Bobsmyth]

Thanks DavidSEA

In the felony case, since no charges were filed and I checked with court clerk, there are no court documents. All I have is the police report. But my wife received a letter from the DA that "the DA has decided not to file charges but this does not mean that the crime never happened". But I never received anything from DA office. Should I try to get the record expunged

Expungement won't do anything for immigration. Contact the court and have them send you a letter indicating you have no records. Also, contact police and ask for background check/arrest record.

 

[jigsaw]

Well I was arraigned and I entered non-guilty plea...after this my lawyer submitted the motion to dismiss....does it change anything from what u previously said..
thanks

 

[vetfrm78]

I have a question about the N400 application - my wife has always used her married name from the time she came here - DL, GC, passport all have her married name. Should I put down any name under the "other names" question, for example her maiden name? She has never used it except on the marriage certificate. We are applying on the basis of 5 year LPR rule.