Trespass Arrest and Filing for Citizenship

A

Avalon

Registered Users (C)
I was arrested back in 2007 for trespassing. The arrest was in India and not in US. Trespassing charges are recorded with Indian Penal Code (IPC) as criminal charges. My ex wife (but then wife) reported that I entered her house without her permission. It was a trap that was setup by ex wife to get money from me. I was released by Indian court and was allowed to travel back to US. This incident is now nearly 5 years old. Later, I divorced the greedy spouse in US court. I do not have any other bad record. My record in US is clean. I am applying for Citizenship and going to mention about the arrest in form N400.

What impact this arrest would have on my Citizenship?
 
Avalon said:
I was arrested back in 2007 for trespassing. The arrest was in India and not in US. Trespassing charges are recorded with Indian Penal Code (IPC) as criminal charges. My ex wife (but then wife) reported that I entered her house without her permission. It was a trap that was setup by ex wife to get money from me. I was released by Indian court and was allowed to travel back to US. This incident is now nearly 5 years old. Later, I divorced the greedy spouse in US court. I do not have any other bad record. My record in US is clean. I am applying for Citizenship and going to mention about the arrest in form N400.

What impact this arrest would have on my Citizenship?
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None.
 
Thanks, BigJoe5

Thank you BigJoe5. May I know the basis for your answer?
1. Is it because this arrest is out of family problem and not a major crime?
2. Is it because the arrest is in India and there is no record here in US?
3. Is it because nearly 5 years have elapsed since the incident and the USCIS look carefully the history for last 5 years (though they may look beyond that, latest 5 years carry a weight)?
4. Is it because now I am no longer married to that woman who has caused this arrest?
5. Or is it because, Indian Court has released me on bail?

Please let me know if you know any case with family problem and arrest, where Citizenship is eventually been granted.
 
because the event happened in India and quite frankly is a very minor issue - there is no Interpol record for, and there is certainly no US criminal records for you. So USCIS has absolutely no information about this, and there is zero probability that they can ever find out. On your N-400, you should indicate that you NEVER have been arrested. If you indicate that you have been arrested, then you will be forced to supply all the documentation (in english and appostiled) about the event in India. Let sleeping dogs lie; forget about it.
 
Was the case dismissed free and clear? Or are you expected to show up in Indian court at some (currently unknown) future date?
 
gunt said:
because the event happened in India and quite frankly is a very minor issue - there is no Interpol record for, and there is certainly no US criminal records for you. So USCIS has absolutely no information about this, and there is zero probability that they can ever find out. On your N-400, you should indicate that you NEVER have been arrested. If you indicate that you have been arrested, then you will be forced to supply all the documentation (in english and appostiled) about the event in India. Let sleeping dogs lie; forget about it.
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it might show up on his background check. i think background check is going anc chekcing your country record. if OP doesnt mentione and they find out, it might cause a problem that he is lying or something.
i am not an expert but just a tought...
 
Not to Disclose?

gunt said:
because the event happened in India and quite frankly is a very minor issue - there is no Interpol record for, and there is certainly no US criminal records for you. So USCIS has absolutely no information about this, and there is zero probability that they can ever find out. On your N-400, you should indicate that you NEVER have been arrested. If you indicate that you have been arrested, then you will be forced to supply all the documentation (in english and appostiled) about the event in India. Let sleeping dogs lie; forget about it.
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Thank you gunt for your suggestion. Yes, that is an option, not to disclose. That would be the easiest thing to do but could be costliest down the road. The ONLY person who would likely tell USCIS would be the ex-wife. Also, if ever USCIS finds out then the amount of documentation that I need to provide and cost involved will be more. Against all these, all I have to give is the release letter from Indian Court. That document clearly says (in one of its sentences) that the "offense is not so serious in nature".

After weighing both the options and to have a good sleep at night after I become citizen, I think, disclosing would be the smartest thing to do.
 
Dismissal?

Jackolantern said:
Was the case dismissed free and clear? Or are you expected to show up in Indian court at some (currently unknown) future date?
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No, the case is not dismissed; it is still going on. Like all the cases, this case too will go on for years before it would be concluded as dismissed. In 999 out of 1000 times it would be dismissed. I am expected to show up in Indian Court at final stage. Right now, my attorney is appearing in court and court has exempted me from appearing in every hearing as I am not in India.
 
Background Check

voyager99 said:
it might show up on his background check. i think background check is going anc chekcing your country record. if OP doesnt mentione and they find out, it might cause a problem that he is lying or something.
i am not an expert but just a tought...
Click to expand...

The Background Check in India does happen by inquiry into Police Station. The Police Stations do not use computers to record the cases. It takes time to go through papers. The cases are recorded into the Court but there too it is in paper form. In both the places they are in piled high dust. The Background Check inquiry is done at the local Police Station that you provide as address of residence.

After the incident, I have had numerous Background Checks in US but nothing showed up. These Background Checks were for employment and they do not go beyond US boundary.
 
Record

BigJoe5 said:
First of all, the IDIOT in post #4 "gunt" should immediately be reprimanded or possibly banned from this forum for suggesting that course of action!


The incident described is very minor and getting older by the minute. Quite frankly, since it happened in India, after you paid your bribe (I mean "bail") all records (if any actually ever existed) probably got lost or shredded, IF YOUR DESCRIPTION OF THE EVENT IS CORRECT.

Try to get whatever you can but it will likely be a report of no record found.
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BigJoe5, I have a record of release on bail. I can get a Certified Copy (True Copy as it is called in India) and submit the same with N400. Also, I am thinking of writing a one-page summary of event that would go along with N400.
 
Avalon said:
BigJoe5, I have a record of release on bail. I can get a Certified Copy (True Copy as it is called in India) and submit the same with N400. Also, I am thinking of writing a one-page summary of event that would go along with N400.
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Can you provide a copy of the actual "legal code/statute" with which you were? What is the MAXIMUM prison sentence?

There probably isn't any possibility of a prison sentence so upon a direct inquiry of the law involved, it would probably be as irrelevant as a speeding ticket even if they threw the book at you.

BUT (and its a BIG but), lying for this immigrant benefit (naturalization) is fatal to the request. Lying about something so ultimately insignificant is the stupidest thing you can do in your entire immigrant journey. I am glad that you rejected that "option" as quickly as you did.
 
Prison

BigJoe5 said:
Can you provide a copy of the actual "legal code/statute" with which you were? What is the MAXIMUM prison sentence?

There probably isn't any possibility of a prison sentence so upon a direct inquiry of the law involved, it would probably be as irrelevant as a speeding ticket even if they threw the book at you.
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BigJoe5,

I did not understand the first question, "Can you provide a copy of the actual "legal code/statute" with which you were?"

The trespass incident happened in evening, so I was put in Police Custody until next day till Court opens when I was brought before the Judge for the release and bail.
 
Avalon said:
BigJoe5,

I did not understand the first question, "Can you provide a copy of the actual "legal code/statute" with which you were CHARGED?"

The trespass incident happened in evening, so I was put in Police Custody until next day till Court opens when I was brought before the Judge for the release and bail.
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What's the charge listed on the paperwork. Did the cop just make it up or does the charge exist in written form in the Indian legal code?

For example: You are filing an N-400 pursuant to INA Section 316(a) (probably).

My sloppy mistake there, I missed a word.
 
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Avalon said:
The charge is Trespass. It is IPC (some numbers).
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Criminal codes are written. LOOK up the actual text of the legal charge, USCIS will make you get it anyway, don't wait. The law will also specify the range of punishments allowed for a violation. LOOK that up too, you need it.
 
Any experience

BigJoe5 said:
Criminal codes are written. LOOK up the actual text of the legal charge, USCIS will make you get it anyway, don't wait. The law will also specify the range of punishments allowed for a violation. LOOK that up too, you need it.
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BigJoe5, looks like you know that this is going to be the case when you say "....USCIS will make you get it anyway, don't wait."

Do you have any experience with this? That means, did you have problems in India and USCIS asked you details? Or do you know anyone who have been in this situation and was asked to get details?

Thanks.
 
Avalon said:
BigJoe5, looks like you know that this is going to be the case when you say "....USCIS will make you get it anyway, don't wait."

Do you have any experience with this? That means, did you have problems in India and USCIS asked you details? Or do you know anyone who have been in this situation and was asked to get details?

Thanks.
Click to expand...

I was an adjudicator for INS/USCIS for 12 years.
 
5 Years

Thanks BigJoe5. It gives me a relief to know that I am getting replies from an authentic source, BigJoe5 rather than some Joe on forum who has not had any experience.

The impact this arrest on my Citizenship would be NONE. It would be really helpful if you answer some of the questions below,

1. Is it because this arrest is out of family problem and not a major crime?
2. Is it because the arrest is in India and there is no record here in US?
3. Is it because nearly 5 years have elapsed since the incident and the USCIS look carefully the history for last 5 years (though they may look beyond that, latest 5 years carry a weight)?
4. Is it because now I am no longer married to that woman who has caused this arrest?
5. Or is it because, Indian Court has released me on bail?
 
Avalon said:
Thanks BigJoe5. It gives me a relief to know that I am getting replies from an authentic source, BigJoe5 rather than some Joe on forum who has not had any experience.

The impact this arrest on my Citizenship would be NONE. It would be really helpful if you answer some of the questions below,

1. Is it because this arrest is out of family problem and not a major crime?
2. Is it because the arrest is in India and there is no record here in US?
3. Is it because nearly 5 years have elapsed since the incident and the USCIS look carefully the history for last 5 years (though they may look beyond that, latest 5 years carry a weight)?
4. Is it because now I am no longer married to that woman who has caused this arrest?
5. Or is it because, Indian Court has released me on bail?
Click to expand...

It is based on the fact that a simple trespass is minor and even if convicted and sentenced to the maximum, it won't result in a legal basis to deny anyone anything. Lying about it or attempting to conceal it is a basis for denial or denaturalization later.

Read about this idiot who "thought he got away with concealing something". While the underlying crimes are VERY different, the same statute is used to revoke naturalization.

http://www.slideshare.net/BigJoe5/usa-v-suarez-7th-cir-natz-revoked-lacked-gmc-12212011
 
Disclosed

BigJoe5 said:
It is based on the fact that a simple trespass is minor and even if convicted and sentenced to the maximum, it won't result in a legal basis to deny anyone anything. Lying about it or attempting to conceal it is a basis for denial or denaturalization later.

Read about this idiot who "thought he got away with concealing something". While the underlying crimes are VERY different, the same statute is used to revoke naturalization.

http://www.slideshare.net/BigJoe5/usa-v-suarez-7th-cir-natz-revoked-lacked-gmc-12212011
Click to expand...

Thanks BigJoe5. I have understood your point. It is not a question whether the arrest should be disclosed. I have already decided to disclose it regardless of USCIS's decision. I am trying to understand the basis for the denial, if denied.

The police had to come up with some solid IPC (Indian Penal Code) charges to detain else it is simply not possible to arrest. The maximum punishment IF (and this is really BIG IF) proved guilty could be 3 months in jail or 7 years if "intent" was to harm the person. Again, 999 out of 1000 times it is difficult to prove that the intent of husband's visit to wife's house was to cause harm. Also, the wife did not complain anything about any physical abuse, as there was not at all any physical harm but a verbal argument. Because I know that I have not done anything wrong and because my intention & motive was clear, I am not afraid of disclosing it. The only thing I am worried is, how it is perceived by USCIS.
 
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