Non-Traffic Ordininance violation + N400

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brityank

Registered Users (C)
Hi there, wondering if I can get some thoughts on if I should proceed with N400 or how good my chances of being accepted are. Details below:

After a stupid situation I will not go into, I was Arrested in 2005 for Battery w/Domestic Violence modifier. After performing some community service, anger management class etc the charge was reduced to a Non-Traffic Ordinance violation, i.e. a citation. Not a felony or misdemeanor.

I have been in the US since 2004 as a permanent resident. I was married until 2009, at this point I am divorced and have primary placement with my son who is a US citizen.

Am I safe to apply? Or will I risk deportation/denial? I would appreciate any advice or input, this seems to be a great place to get answers. Can only google potentially similar scenarios for so long before needing some specific input :)
 
Any input at all?

I have the funds to apply for citizenship now but am still worried about deportation due to the above stated info.
 
What state was the charge from? Do you know the statutory cite for it? Example California PC 243(e).... Domestic Battery

It depends on the possible maximum sentence and the actual sentence received.

A simple battery is usually not enough to deport or ultimately preveny naturalization. It would seem that it is old enough now to not prevent naturaliztion provided that there was good compliance with punishment, no violations of conditions, and no re-offense...
 
Joe, state was Wisconsin. The final citation was for 'Battery'. No felony or misdemeanor. No other problems other than the odd traffic ticket.
 
Just an update to this thread for anyone interested. I submitted my N400 application Last month. Check was cashed, receipt received and Biometric appointment has been scheduled.

Happy that so far everything is going ok, but still nervous as hell. I'll be sure to post back with my experience as it progresses so that anyone in a similar situation can get some insight into the process.
 
brityank said:
Just an update to this thread for anyone interested. I submitted my N400 application Last month. Check was cashed, receipt received and Biometric appointment has been scheduled.

Happy that so far everything is going ok, but still nervous as hell. I'll be sure to post back with my experience as it progresses so that anyone in a similar situation can get some insight into the process.
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Good Luck!!! Please keep us posted as I am in somewhat similar situation.
 
You still have a major problem, the question that will be asked of you is "have you ever been arrested?" you can sugar coat it all you want, but you still have to tell the truth. The outcome can change things, but that doesn't change the fact that you were arrested. Chances are your NCIC report will show the arrest. Do you really want to chance it by lying?
 
dafortycal, I was truthful about my arrest in my application. I also included the arrest report and the final court disposition. I have no intention of telling a lie or hiding the truth.

My interview is tomorrow. Still nervous as hell, but will be glad to get this out of the way, whatever the income. Not knowing either way what will happen is the worst part of this.
 
Interview seemed to go well. However, the interviewer had to submit the details to his manager because of my arrest. He hinted that this was a formality. I should receive my decision by mail in a couple of months...
 
Well, a couple of days ago i received my letter notifying me to attend the oath ceremony in 2 weeks time. Looks like everything should be ok.
 
brityank said:
Well, a couple of days ago i received my letter notifying me to attend the oath ceremony in 2 weeks time. Looks like everything should be ok.
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Your tale is a common example of showing a presumptive "reform of character" or at least showing no further violations after an isolated incident. A single screw up if not too severe can be overcome.
 
brityank said:
Well, a couple of days ago i received my letter notifying me to attend the oath ceremony in 2 weeks time. Looks like everything should be ok.
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Congratulations brityank. Please share your interview detail as it would help others in similar situation.

Was your case PRE-TRIAL Diversion through court or DA office?

Jay
 
BigJoe, I want to thankyou for giving me clear and concise answers that served to boost my confidence and help me figure out where I stood in this.

Today I was sworn in as a United States Citizen and all is well.

Jaypoor, as far as my interview goes, it was fairly brief. The interviewer asked me to confirm the details on my application, I answered 6 civics questions correctly and then wrote a word or two down and read a word to pass the english test. When asked about the arrest i was very truthful but did not go into much detail other than the absolute facts. The interviewer seemed relatively uninterested and when I asked if I had passed he just told me 'Yes, why wouldnt you have?'.

I was pretty much shell shocked at the time all of the court stuff happened, but since it all indeed happened at the courthouse, with my lawyer dealing with it all, I guess that would answer your question.

Thanks again for this resource. Really helped me out!
 
Fantastic. Congratulations again.. I appreciate you coming back and sharing your interview details.

I agree, BigJoe5 has very thorough knowledge of immigration laws and effects of different criminal charges to immigration. Some of the immigration attorneys don't have that good of understanding when those two comes into play together.

Jay.
 
waiting

I was arrested two times before for DB, first time on 2003 my ex alleged that I hit her and then she regretted the false accuse and the case was dismissed, I had one year informal probation and some anger management class.

then again on 2005 my ex alleged I smacked her and I was arrested in my bedroom sleeping, I had to plead guilty because of my attorney's advise that by pleading guilty the case will be dismissed after one year, I had one year informal probation again and suspended county gail time for 365 days plus $500 fine.

i just had my interview two days ago, it went well but the officer said she need to have attorney review my case and I will get the decision by mail.


Any Advice will be really appreciated
 
I was arrested two times before for DB, first time on 2003 my ex alleged that I hit her and then she regretted the false accuse and the case was dismissed, I had one year informal probation and some anger management class.

then again on 2005 my ex alleged I smacked her and I was arrested in my bedroom sleeping, I had to plead guilty because of my attorney's advise that by pleading guilty the case will be dismissed after one year, I had one year informal probation again and suspended county gail time for 365 days plus $500 fine.

i just had my interview two days ago, it went well but the officer said she need to have attorney review my case and I will get the decision by mail.


Any Advice will be really appreciated
 
mimo1609 said:
I was arrested two times before for DB, first time on 2003 my ex alleged that I hit her and then she regretted the false accuse and the case was dismissed, I had one year informal probation and some anger management class.

then again on 2005 my ex alleged I smacked her and I was arrested in my bedroom sleeping, I had to plead guilty because of my attorney's advise that by pleading guilty the case will be dismissed after one year, I had one year informal probation again and suspended county gail time for 365 days plus $500 fine.

i just had my interview two days ago, it went well but the officer said she need to have attorney review my case and I will get the decision by mail.


Any Advice will be really appreciated
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Seriously you need a immigration lawyer at this moment. What I understand from your explanation is you have conviction (by pleading guilty to DV) and also punishment (probation, suspended jail time and fine. Please don't depend on this forum as you are already in contact with USCIS seek advise from some good immigration lawyer to handle your case as there are chances of deportation proceeding also because of this conviction.
 
I applied before for N-400 a year and half ago and the application was denied because it was within 5 years from the convection, the denial letter stated:

" based on the convection of a crime involving moral turpitude in the statutorily prescribed period for good moral character, you currently do not comply with the statues as being a person of good moral character. In view of your poor moral character, your application for N-400 is hereby denied. This denial is made without prejudice towards the filing of a new N-400 application in the future"

I already have a lawyer and he attended the interview with me, My Lawyer told me he think I have good chances to get my USC, but when I researched online I get SCARED.
 
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