ivyleaguer
New Member
I passed my n-400 interview a month ago, went back to college the following day, and then got caught for underage consumption (I am 20). I was unlucky as 80% of the students here drink underage.
Unfortunately, the police officer wrote me a ticket for underage consumption, but told me not to worry since this is not an arrest. He said according to state law underage consumption is only a violation (lesser than a misdemeanor), like parking tickets. He didn't take my fingerprints and left me to the school security. I was later contacted by the town prosecutor for an opportunity at diversion in exchange for dropping the charge, without plea requirements. I am currently enrolled in the program. (Standard procedure as all ivy league schools have deals with local law enforcement regarding underage drinking)
The situation now is that my oath ceremony is coming up in a week, but a final disposition is unlikely as the diversion program might take a while to finish. The prosecutor's office told me that my file will stay with the town police as it is very minor and not a criminal offense. It will not get passed onto the state repository or the FBI. The file was sealed when I enrolled in the program. The office also told me, even if someone calls their office today, they would not disclose anything unless I am applying for a job within a law enforcement agency.
I personally think USCIS would not find out unless they call the town, which is not part of their procedural background check. I am inclined to NOT disclose this on my N445 form, because the police officer stated explicitly it was not an arrest, and the citation was nullified and sealed when I registered for diversion. (subject to reopening if fail to complete diversion)
I really don't want to check off the box "yes" to the "have you been arrested after interview" question on the day of the ceremony, and get denied or postponed because I don't have a final disposition on the case.
What should I do?
Thanks
Unfortunately, the police officer wrote me a ticket for underage consumption, but told me not to worry since this is not an arrest. He said according to state law underage consumption is only a violation (lesser than a misdemeanor), like parking tickets. He didn't take my fingerprints and left me to the school security. I was later contacted by the town prosecutor for an opportunity at diversion in exchange for dropping the charge, without plea requirements. I am currently enrolled in the program. (Standard procedure as all ivy league schools have deals with local law enforcement regarding underage drinking)
The situation now is that my oath ceremony is coming up in a week, but a final disposition is unlikely as the diversion program might take a while to finish. The prosecutor's office told me that my file will stay with the town police as it is very minor and not a criminal offense. It will not get passed onto the state repository or the FBI. The file was sealed when I enrolled in the program. The office also told me, even if someone calls their office today, they would not disclose anything unless I am applying for a job within a law enforcement agency.
I personally think USCIS would not find out unless they call the town, which is not part of their procedural background check. I am inclined to NOT disclose this on my N445 form, because the police officer stated explicitly it was not an arrest, and the citation was nullified and sealed when I registered for diversion. (subject to reopening if fail to complete diversion)
I really don't want to check off the box "yes" to the "have you been arrested after interview" question on the day of the ceremony, and get denied or postponed because I don't have a final disposition on the case.
What should I do?
Thanks
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