My husband and I got into a verbal argument while driving and ended up fighting over our car keys when we parked. I went to the police thinking they'd help to diffuse the situation and maybe recommend some couselling. They ended up arresting him for domestic violence PC 273.5. I had a small scratch on my finger due to the car keys. The cops kept telling me "yeah we will get him some conselling" for managing his anger but at the end of it arrested him. I was shocked and they said its the law we have to arrest him. They even admitted to me that in this case the law was being overused. We hired a criminal defense attorney and went through an awful month--- we finally found out that the DA was not pressing any charges. This is great news for us-- we are so relieved....because we do have our arguments but there was nothing violent about our argument. My husband is not a criminal!! Now my question is my husband is eligible for to apply for Naturalization in December. How will this arrest (even though we will probably we able to seal and expunge it- we do still need to tell the INS about it , correct?) affect his chances of citizenship? Any thoughts are appreciated. If anyone has had or knows of similar cases please let us know what happened through the Naturalization process if an arrest record was there. We also think we should hire an immigration attorney- is that recommended? I am already a naturalized citizen. Thanks so much for reading this post.
Naturalization Ques:Husband Arrested For DV- no charges filed
- Thread starter cagal
- Start date
cagal said:
It would probably be not a bad idea to hire an immigration attorney before filing for naturalization for your husband. At the very least, it may be a good idea to get a considered legal opinion on the case. IMHO, your husband should not have a problem during the naturalization process, because he was just arrested but no charges were filed. Perhaps some other people more knowledgeable about such matters will comment on this issue.
Good Luck!
AlexanderG
Registered Users (C)
Cagal, if this would have been a 'successful' DV then your husband would have been automatically deported (at least today this is the case). So since he was never convicted he will be fine. He still will have to explain the situation in a way that a adjudication officer 'gets the right picture'. A lawyer will be able to give you a piece of mind because you'll hear from somebody with profesional experience (hopefully). Personally, I would prepare a written explanation that I would plan to file with the N400. I would try to attach official paperwork, something that shows that the case would dismissed or something. A lawyer could review this statement and documentation and give you his opinion. If your husband took counseling afterwards it is sure helpful to mention since it might indicate 'good moral character'... although as a male you are less likely to ask for directions if you are lost in some town - so my guess is that he took any counseling, did he?
And until after his oath ceremony I would keep the number of Dr. Phil handy and stay away from getting your husband arrested if not absolutely neccessary ...smile.
Bottom line, I think he will have some more homework than others but he will be fine at the end.
Alex
And until after his oath ceremony I would keep the number of Dr. Phil handy and stay away from getting your husband arrested if not absolutely neccessary ...smile.
Bottom line, I think he will have some more homework than others but he will be fine at the end.
Alex
AlexanderG
Registered Users (C)
Don't tell him but that will be probably more necessary for the health of your marriage than the success of his application. It's a big step though to join a class for anger management. I hope for you guys that he is strong enough to overcome all the prejudices he might have against this form of personal development. He will DEFINITELY need it if you guys will have kids one day. They would not fight back (like you did), they would suffer in silence ... and pay a huge price.
Alex.
Alex.
same case
mine is almost similar, i consented on an order or protection without any admission of guilt when my wife filed a DV against me before i got my GC. However, a couple of months after the Order of protection was issued, my wife called the cops reporting that i violated the order of protection, i was invited by the cops to go to the police station which i did and i was arrested, fingerprinted and mug shot at. After a couple of questioning, they released me apparently the DA called my ex-wife and several witnesses, they claimed that this was a misunderstanding so DA did not press Charges. Should i mention this to my NAtz, application, even if there was no formal charge entered against me, no hearing, no imprisonment i was released, just like that after a couple of hours of onterview. on my way out, iwas asking a release papers and the cops told me theres none, since there was no formal charge was filed. any opinion on this case, gurus??, will this jeopardize my natz application.
cagal said:
mine is almost similar, i consented on an order or protection without any admission of guilt when my wife filed a DV against me before i got my GC. However, a couple of months after the Order of protection was issued, my wife called the cops reporting that i violated the order of protection, i was invited by the cops to go to the police station which i did and i was arrested, fingerprinted and mug shot at. After a couple of questioning, they released me apparently the DA called my ex-wife and several witnesses, they claimed that this was a misunderstanding so DA did not press Charges. Should i mention this to my NAtz, application, even if there was no formal charge entered against me, no hearing, no imprisonment i was released, just like that after a couple of hours of onterview. on my way out, iwas asking a release papers and the cops told me theres none, since there was no formal charge was filed. any opinion on this case, gurus??, will this jeopardize my natz application.
JohnnyCash
Volunteer Moderator
Ari
You are VERY lucky that District Attorney decided not to prosecute you on violation of Restraining Order. Because if you would have been convicted on this, then there would have been a 'done deal' for your deportation under section 237 (E). Violation of Restraining order is a deportation crime with LIFETIME bar to return to US. No waiver based upon US citizen spouse or children.
You must need to disclose the arrest on your N-400 as you were arrested, even though charges were dropped later on. One way or another, try to get something from Police that charges were dropped. If you won't have anything by the time of interview, then officer would not approve your case until officer would get satisfied that charges were dropped. That may take many-many more in your case after the interview, or perhaps your application could be denied because of not providing required documents to them, like Dismissal record. It is your headache how you would obtain Dismissal record from Police, and not anyone else's headache (including USCIS).
You are VERY lucky that District Attorney decided not to prosecute you on violation of Restraining Order. Because if you would have been convicted on this, then there would have been a 'done deal' for your deportation under section 237 (E). Violation of Restraining order is a deportation crime with LIFETIME bar to return to US. No waiver based upon US citizen spouse or children.
You must need to disclose the arrest on your N-400 as you were arrested, even though charges were dropped later on. One way or another, try to get something from Police that charges were dropped. If you won't have anything by the time of interview, then officer would not approve your case until officer would get satisfied that charges were dropped. That may take many-many more in your case after the interview, or perhaps your application could be denied because of not providing required documents to them, like Dismissal record. It is your headache how you would obtain Dismissal record from Police, and not anyone else's headache (including USCIS).
dilema
that is my problem, there was no formal charge filed in court, it was only a call from my ex- wife, i did not sign any paper, no paper issued to me when i came to the police station, so what clearance and where will i get it. If i will just get a police clearance or certificate of good moral character from the police station it was filed, will that be enough????? since even that police station did have any file of the complaint??? please help me
that is my problem, there was no formal charge filed in court, it was only a call from my ex- wife, i did not sign any paper, no paper issued to me when i came to the police station, so what clearance and where will i get it. If i will just get a police clearance or certificate of good moral character from the police station it was filed, will that be enough????? since even that police station did have any file of the complaint??? please help me
JohnnyCash
Volunteer Moderator
Ari
You MUST need to disclose about the arrest on N-400 as you were indeed arrested even though you were not charged.
Just explain breifly by submitting an explaination letter with your N-400 wherein you should state that you were arrested on Domestic Violence call, but you were never charged as Police determined that Domestic violence call was a result of misunderstanding. You don't need to explain anything else in details. You cannot submit/present any documentation on your situation because you were NEVER charged. So obviously, a court and Police cannot provide you anything when they have nothing on you.
However, adjudication officer would like to know a hard evidence in context of this arrest. Thus, a month before the interview, you should obtain Police Clearance Certificate (Moral certificate) and take that certificate with you on your interview to prove that you have no local criminal record. You will be fine.
Just do a favor on yourself. Stay away from you wife at least until you become a US citizen; otherwise nobody can save you if you ever be convicted on a Domestic Violence charge.
You MUST need to disclose about the arrest on N-400 as you were indeed arrested even though you were not charged.
Just explain breifly by submitting an explaination letter with your N-400 wherein you should state that you were arrested on Domestic Violence call, but you were never charged as Police determined that Domestic violence call was a result of misunderstanding. You don't need to explain anything else in details. You cannot submit/present any documentation on your situation because you were NEVER charged. So obviously, a court and Police cannot provide you anything when they have nothing on you.
However, adjudication officer would like to know a hard evidence in context of this arrest. Thus, a month before the interview, you should obtain Police Clearance Certificate (Moral certificate) and take that certificate with you on your interview to prove that you have no local criminal record. You will be fine.
Just do a favor on yourself. Stay away from you wife at least until you become a US citizen; otherwise nobody can save you if you ever be convicted on a Domestic Violence charge.
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JohnnyCash said:
a million thanks for the advice, johnny, you know what, you always amazed me everytime you give your advice or opinion or comments, you always sound very knowledgeable and experienced. Sometimes, you really sound like a certified immigration/ criminal lawyer. keep up the good work, dude. thanks again
Johnnycash:
I have read your replies to a number of other posts--- you do really give very relevant and straightforward advice. Your good work is very appreciated and I am sure it is helping so many people. Please comment on our situation with anything you feel may help my husband get his Cz application successfully processed.
Best wishes,
Cagal
I have read your replies to a number of other posts--- you do really give very relevant and straightforward advice. Your good work is very appreciated and I am sure it is helping so many people. Please comment on our situation with anything you feel may help my husband get his Cz application successfully processed.
Best wishes,
Cagal
JohnnyCash
Volunteer Moderator
Cagal
Thru your postings, I’ve been unable to know what is the final disposition on your husband’s arrest. I do know that District Attorney has decided not to press charge against him, but it is not clear that it is over. Deciding a thing is something different than actually happened. Anyway, if your husband won’t be charged, he is okay even though he was arrested.
What people should know is-an arrest doesn’t mean that a person will automatically be deported or denied for immigration benefit, nor it means that allegations against him/her are already proven. The truth is- in order for USCIS to deny someone an immigration benefit or to deport someone, there MUST be a conviction in a Court of law. There are thousands of reported cases wherein BIA and federal courts reversed the decisions made by Immigration judges wherein Immigration Judges decided to deport immigrants based upon immigrants’ admission of committing crimes. BIA and Federal Courts said that even if an alien admits of committing crime/wrong doing, s/he couldn’t be deported unless s/he is found guilty in the Court of law. So the point is-USCIS needs a conviction, and not arrest/charge/allegation in order to deny an immigration benefit or to deport someone.
Thus, your husband won’t have any problem despite of him being arrested. Because, he is not convicted. But since he was arrested, then he MUST need to disclose it on his N-400 as USCIS requires disclosure of ANY arrest, charge, citation, and indictment even if there is no conviction AND even if the records on all these are sealed/expunged. Hiding or not telling about it would be a ground in itself for them to deny his N-400 under the clause of ‘bad character’. Because lying is a sign of bad character.
Further, since your husband was not formally charged on this arrest, then Police and Criminal court won’t be able to provide any documentation to him on this because they don’t have anything to provide to him. But since, USCIS would like to know more about this arrest, then it is better for him to attach a written explanation on this and submit it along with N-400. He should be making sure not to give too much detail to them. He should explain very briefly by saying that he was arrested on domestic violence call, but Police later determined that there was NO domestic violence situation, rather a normal conversation between a married couple. That is.
Whether or not you guys should hire an immigration attorney would depend upon how complex his case is. As far as his involvement in this domestic violence situation goes, he really doesn’t need an attorney as there is nothing an attorney can do than what I’m telling you here. But if you still want to hire an attorney then it would be your choice anyway.
Next time, before you loose your mind/temper-think many times; otherwise you could NEVER be stayed with your husband here unless you would leave this country with him. Because if he ever gets convicted on Domestic Violence charge, then he will be deported automatically with LIFETIME bar to return to USA. You being a naturalized citizen or having US born children won’t do anything to help him staying here.
In my personal opinion, you did a VERY stupid thing, whether you realize it or not. Because family should resolve their problems by themselves than involving others in their problems. Nonetheless, involving Police. Especially when there was nothing dangerous to your life/health. Every couple has problem at times, but that doesn’t mean that they should be calling Police on each other. See, who is suffering now? No need me tell you about the money that you guys spent on hiring criminal defense attorney and loss of peace of mind. Do you believe it’s Police’s job to provide counseling to people? Police can arrest anyone at anytime if they believe that there is a probable cause for a crime to be committed or a crime has already committed. Arresting your husband was justified by Police officer because he saw a scratch on your finger.
Do you honestly believe on Police about what they are saying now to you guys about overusing the laws in his situation? This is nothing than just BS. Actually they realized (obviously thru the hot arguments with your husband’s criminal defense attorney) that they couldn’t get a conviction on your husband and Judge will throw out their case anyway, because you (supposedly victim) won’t cooperate with them, especially when you admitted happening nothing violent when you guys were arguing. In my personal opinion, not only your husband, but you also need a family/marriage counseling, given the fact when you involved the authorities over just car key’s dispute.
Good Luck.
Thru your postings, I’ve been unable to know what is the final disposition on your husband’s arrest. I do know that District Attorney has decided not to press charge against him, but it is not clear that it is over. Deciding a thing is something different than actually happened. Anyway, if your husband won’t be charged, he is okay even though he was arrested.
What people should know is-an arrest doesn’t mean that a person will automatically be deported or denied for immigration benefit, nor it means that allegations against him/her are already proven. The truth is- in order for USCIS to deny someone an immigration benefit or to deport someone, there MUST be a conviction in a Court of law. There are thousands of reported cases wherein BIA and federal courts reversed the decisions made by Immigration judges wherein Immigration Judges decided to deport immigrants based upon immigrants’ admission of committing crimes. BIA and Federal Courts said that even if an alien admits of committing crime/wrong doing, s/he couldn’t be deported unless s/he is found guilty in the Court of law. So the point is-USCIS needs a conviction, and not arrest/charge/allegation in order to deny an immigration benefit or to deport someone.
Thus, your husband won’t have any problem despite of him being arrested. Because, he is not convicted. But since he was arrested, then he MUST need to disclose it on his N-400 as USCIS requires disclosure of ANY arrest, charge, citation, and indictment even if there is no conviction AND even if the records on all these are sealed/expunged. Hiding or not telling about it would be a ground in itself for them to deny his N-400 under the clause of ‘bad character’. Because lying is a sign of bad character.
Further, since your husband was not formally charged on this arrest, then Police and Criminal court won’t be able to provide any documentation to him on this because they don’t have anything to provide to him. But since, USCIS would like to know more about this arrest, then it is better for him to attach a written explanation on this and submit it along with N-400. He should be making sure not to give too much detail to them. He should explain very briefly by saying that he was arrested on domestic violence call, but Police later determined that there was NO domestic violence situation, rather a normal conversation between a married couple. That is.
Whether or not you guys should hire an immigration attorney would depend upon how complex his case is. As far as his involvement in this domestic violence situation goes, he really doesn’t need an attorney as there is nothing an attorney can do than what I’m telling you here. But if you still want to hire an attorney then it would be your choice anyway.
Next time, before you loose your mind/temper-think many times; otherwise you could NEVER be stayed with your husband here unless you would leave this country with him. Because if he ever gets convicted on Domestic Violence charge, then he will be deported automatically with LIFETIME bar to return to USA. You being a naturalized citizen or having US born children won’t do anything to help him staying here.
In my personal opinion, you did a VERY stupid thing, whether you realize it or not. Because family should resolve their problems by themselves than involving others in their problems. Nonetheless, involving Police. Especially when there was nothing dangerous to your life/health. Every couple has problem at times, but that doesn’t mean that they should be calling Police on each other. See, who is suffering now? No need me tell you about the money that you guys spent on hiring criminal defense attorney and loss of peace of mind. Do you believe it’s Police’s job to provide counseling to people? Police can arrest anyone at anytime if they believe that there is a probable cause for a crime to be committed or a crime has already committed. Arresting your husband was justified by Police officer because he saw a scratch on your finger.
Do you honestly believe on Police about what they are saying now to you guys about overusing the laws in his situation? This is nothing than just BS. Actually they realized (obviously thru the hot arguments with your husband’s criminal defense attorney) that they couldn’t get a conviction on your husband and Judge will throw out their case anyway, because you (supposedly victim) won’t cooperate with them, especially when you admitted happening nothing violent when you guys were arguing. In my personal opinion, not only your husband, but you also need a family/marriage counseling, given the fact when you involved the authorities over just car key’s dispute.
Good Luck.
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Johnnycash thanks for your reply. The DA's office has decided not to press any charges and its very unlikey they will in the future.
The police told me the day after my husband was arrested that the law had been overused-- so no attorney was involved at that time. I am sure hiring an agressive lawyer along with a weak case and knowing I would not cooperate is what made the DA's office decide not to press charges.
We have had our set of problems and I regret he was arrested. However at that point of time I was not being rational and I really felt I had no other option to calm down the situation. In the future I will be careful to think before I act--- I was naive not to know the laws of the land and how strict they can be. We did go for marriage counselling in the past and it did help. However my husband decided he did not want to go anymore and so we stopped. It would be helpful to go back I feel.
I agree with the written explanation with minimum details you suggested. He will declare the arrest on his application. In terms of an immigration attorney my husband will decide if he wants to hire one or not. From your response it does seem that his Cz application should be successful if he is careful to explain the arrest with that written explanation.
Thanks again for your advice-- it is very appreciated.
Best wishes,
Cagal
The police told me the day after my husband was arrested that the law had been overused-- so no attorney was involved at that time. I am sure hiring an agressive lawyer along with a weak case and knowing I would not cooperate is what made the DA's office decide not to press charges.
We have had our set of problems and I regret he was arrested. However at that point of time I was not being rational and I really felt I had no other option to calm down the situation. In the future I will be careful to think before I act--- I was naive not to know the laws of the land and how strict they can be. We did go for marriage counselling in the past and it did help. However my husband decided he did not want to go anymore and so we stopped. It would be helpful to go back I feel.
I agree with the written explanation with minimum details you suggested. He will declare the arrest on his application. In terms of an immigration attorney my husband will decide if he wants to hire one or not. From your response it does seem that his Cz application should be successful if he is careful to explain the arrest with that written explanation.
Thanks again for your advice-- it is very appreciated.
Best wishes,
Cagal
JohnnyCash
Volunteer Moderator
Cagal
You're welcome. I'm wondering which country do you come from originally?
Best wishes to you too.
You're welcome. I'm wondering which country do you come from originally?
Best wishes to you too.