It looks like a minor squabble (not unusual or serious). It is but a headache to deal with the documents for both you and the USCIS Officer, but all the "i's" must be dotted and all the "t's" crossed.
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Trespass Arrest and Filing for Citizenship
- Thread starter Avalon
- Start date
It looks like a minor squabble (not unusual or serious). It is but a headache to deal with the documents for both you and the USCIS Officer, but all the "i's" must be dotted and all the "t's" crossed.
Thanks, BigJoe5
Thank you BigJoe5.
I know one person who has Citizenship in spite of having arrest because of fight with spouse. The incident happened within US and was disclosed to USCIS.
In another case, the person did not have arrest but the ex spouse had written several letters to USCIS to prevent naturalization. At interview, all those letters and file was shown to the applicant. The letters were shocking. But the applicant did get Citizenship.
Thank you BigJoe5.
I know one person who has Citizenship in spite of having arrest because of fight with spouse. The incident happened within US and was disclosed to USCIS.
In another case, the person did not have arrest but the ex spouse had written several letters to USCIS to prevent naturalization. At interview, all those letters and file was shown to the applicant. The letters were shocking. But the applicant did get Citizenship.
Jackolantern
Registered Users (C)
You were still married at the time, so wouldn't her house also be your house, and therefore trespassing would be legally impossible? Or was this her parent's house?
You better get a good lawyer to do something to dismiss the case soon, because there's a good chance they're not going to approve your naturalization while you have a pending criminal court case.
You better get a good lawyer to do something to dismiss the case soon, because there's a good chance they're not going to approve your naturalization while you have a pending criminal court case.
Jackolantern
Registered Users (C)
Bail (or release on Bail by paying a Bond) is a common terminology used in India. What is the equivalent terminology in USA?
Same thing in the US.
Any experience?
BobSmyth, Do you have any experience in an arrest in foreign country? Were you arrested outside US? Do you know anyone who has been arrested outside US and applied Citizenship? Are you referring to some code or stipulation in Adjudicator's Guide. Please let me know the basis.
Disclosing an arrest and pending court case in a foreign country will likely cause a delay in adjudication.
BobSmyth, Do you have any experience in an arrest in foreign country? Were you arrested outside US? Do you know anyone who has been arrested outside US and applied Citizenship? Are you referring to some code or stipulation in Adjudicator's Guide. Please let me know the basis.
Parent's House
Yes, you are right. It was not my house and neither her. It was her parent's house. There are three technical elements,
1. One I was married to her at that time.
2. It was her parent's house. So only parents could lodge a complain if they wanted to but not by her.
3. I never had a restraining order.
All lawyers know that it was a blunder that Police made. Getting the case dismissed in India is the way to go. But it takes a while to get the court dates and second thing is, I cannot attend those dates while in US. The efforts are going on.
You were still married at the time, so wouldn't her house also be your house, and therefore trespassing would be legally impossible? Or was this her parent's house?
You better get a good lawyer to do something to dismiss the case soon, because there's a good chance they're not going to approve your naturalization while you have a pending criminal court case.
Yes, you are right. It was not my house and neither her. It was her parent's house. There are three technical elements,
1. One I was married to her at that time.
2. It was her parent's house. So only parents could lodge a complain if they wanted to but not by her.
3. I never had a restraining order.
All lawyers know that it was a blunder that Police made. Getting the case dismissed in India is the way to go. But it takes a while to get the court dates and second thing is, I cannot attend those dates while in US. The efforts are going on.
BobSmyth, Do you have any experience in an arrest in foreign country? Were you arrested outside US? Do you know anyone who has been arrested outside US and applied Citizenship? Are you referring to some code or stipulation in Adjudicator's Guide. Please let me know the basis.
No, I was never arrested in a foreign country. I was referring to what is on the USCIS website and what past posters have reported.
... pending criminal charges or an incomplete probationary period may impact an applicant’s eligibility. USCIS at times may withhold a final adjudication pending resolution of a criminal case...
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8a7977bb48948210VgnVCM100000082ca60aRCRD&vgnextchannel=c8b95fae4be5e210VgnVCM100000082ca60aRCRD
In other words, USCIS has discretionary powers to delay adjudication of an application with pending criminal charges.
No, I was never arrested in a foreign country. I was referring to what is on the USCIS website and what past posters have reported.
... pending criminal charges or an incomplete probationary period may impact an applicant’s eligibility. USCIS at times may withhold a final adjudication pending resolution of a criminal case...
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8a7977bb48948210VgnVCM100000082ca60aRCRD&vgnextchannel=c8b95fae4be5e210VgnVCM100000082ca60aRCRD
In other words, USCIS has discretionary powers to delay adjudication of an application with pending criminal charges.
It is a complicated situation when it comes to naturalization delays. Once the 120 day clock starts ticking, USCIS has a right to deny a case where the applicant fails to prove full eligibility. On the other hand, an applicant can file a lawsuit if the decision is not made within the 120 days allowed.
Certain delays may be mutually agreed upon in writing. An applicant can waive the 120 day deadline and USCIS can agree to hold its decision in abeyance.
The case described is one in which USCIS should readily agree to work with the applicant. Of course, the best course of action for everyone is to resolve the criminal case first, before filing an N-400.
Jackolantern
Registered Users (C)
And I presume (4) that you were invited into the house by her and/or her parents, and entered without any forced entry.Yes, you are right. It was not my house and neither her. It was her parent's house. There are three technical elements,
1. One I was married to her at that time.
2. It was her parent's house. So only parents could lodge a complain if they wanted to but not by her.
3. I never had a restraining order.
All lawyers know that it was a blunder that Police made. Getting the case dismissed in India is the way to go. But it takes a while to get the court dates and second thing is, I cannot attend those dates while in US. The efforts are going on.
A motion to dismiss (or whatever they call it in India) might not require a court date or your presence in India. The point of such a motion is to avoid having to fight it out in a trial in the first place. If the system is as backlogged as you claim, the judge or prosecutor might be happy to quickly toss out such a baseless case. They don't want to waste their already-overloaded time with cases like this. Work with your lawyer(s) to explore all options to resolve the case without a trial.
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Jackolantern
Registered Users (C)
For very minor crimes that have already gone through the court system to completion, they generally don't care much about those where the conviction was over 5 years ago.
But they look at pending criminal cases seriously no matter how long ago the arrest was.
But they look at pending criminal cases seriously no matter how long ago the arrest was.
Does USCIS look for history in recent 5 years unless the crime is serious in nature?
Sort of.... There are crimes and other actions that bar you from naturalization if it happened within 5 years of filing, then there are things that the USCIS Officer may take into account in the exercise of discretion that happened within the past 5 years before filing, then there are things that the Officer can consider no matter when they happened, and lastly there are things that bar you for life as a matter of law.
Regardless of all of that, there is still the present to consider as well as the period leading up to the actual Oath.