Under21 years old drinking arrest will hurt my USA citizenship application or not?

E

Eddy Wang

Registered Users (C)
Dear friends:

Please help me in my below situation?

Two years ago, I was arrested by UC Santa Barbara School police for joining famous Camps Beer festival with our 450 school mates. I refused to be arrested as I went to sleep in my bedroom already after drinking, University police pulled me out from my bed. They sent us to a center to wake up. After that my Dean talked with me: If I do not drink before 21, all record will be vanished. Yes, I did not drink before 21. Now I am 22. still a university student.

Question:

1. Can it have a record in FBI's name checking?

2. Need I mention it while I apply my citizenship?

3. Can Dean's promise be true?

4. Will it hurt my application for citizenship?


Please help me. Thank you in advance.
 
So UC Santa Barbara - the party school as I know it.

You should be fine.

First of all, the police on Campus are school police and not city, state and/or local.

Second, this is a private local matter and will only be noted at the school level and nowhere higher.

Third, you were young at the time (not that you're still not young) but there was probably nothing "official" in your record. Have you asked to see what's in your record? I believe because UC is public, you have the right to see your record.

Fourth, there is no linking between the FBI and schools. You shouldn't have any problems.

There's nothing to "mention" to anybody as you were not formally charged and arrested. If you were formally charged, you would have been detained and probably turned over to the local police. Even at that, this would not have hurt your chances as it's a civil and not a criminal matter.
 
simsd said:
So UC Santa Barbara - the party school as I know it.

You should be fine.

First of all, the police on Campus are school police and not city, state and/or local.

Second, this is a private local matter and will only be noted at the school level and nowhere higher.

Third, you were young at the time (not that you're still not young) but there was probably nothing "official" in your record. Have you asked to see what's in your record? I believe because UC is public, you have the right to see your record.

Fourth, there is no linking between the FBI and schools. You shouldn't have any problems.

There's nothing to "mention" to anybody as you were not formally charged and arrested. If you were formally charged, you would have been detained and probably turned over to the local police. Even at that, this would not have hurt your chances as it's a civil and not a criminal matter.
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Dear Friend:

Many thanks.

No formal charge after that, only my Dean's talk. I asked him while he talked with me afterwards: Can it hurt my immigration? He laughed: Haha, if you not drink before 21 again. No record will go with you. Yes, I did not drink after that talk.


On that day, University Police only took Mug photo, no finger prints taken.
 
simsd said:
So UC Santa Barbara - the party school as I know it.

You should be fine.

First of all, the police on Campus are school police and not city, state and/or local.

Second, this is a private local matter and will only be noted at the school level and nowhere higher.

Third, you were young at the time (not that you're still not young) but there was probably nothing "official" in your record. Have you asked to see what's in your record? I believe because UC is public, you have the right to see your record.

Fourth, there is no linking between the FBI and schools. You shouldn't have any problems.

There's nothing to "mention" to anybody as you were not formally charged and arrested. If you were formally charged, you would have been detained and probably turned over to the local police. Even at that, this would not have hurt your chances as it's a civil and not a criminal matter.
Click to expand...

Dear Friend:

I sent a letter to FBI to do FOI checking to see if there is a record or not.

Hope all will like you said above.

thank you again.
 
Eddy Wang said:
Dear friends:

Please help me in my below situation?

Two years ago, I was arrested by UC Santa Barbara School police for joining famous Camps Beer festival with our 450 school mates. I refused to be arrested as I went to sleep in my bedroom already after drinking, University police pulled me out from my bed. They sent us to a center to wake up. After that my Dean talked with me: If I do not drink before 21, all record will be vanished. Yes, I did not drink before 21. Now I am 22. still a university student.

Question:

1. Can it have a record in FBI's name checking?

2. Need I mention it while I apply my citizenship?

3. Can Dean's promise be true?

4. Will it hurt my application for citizenship?


Please help me. Thank you in advance.
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Dear Freinds:


I went to see my Dean. and got the whole copy of document for this arrest.


The letter was issued by Dean about this arrest. Not by UC Sata Barbara Police. The Talk was held by Dean.


Solution: I have to pay the traffic fee from University to Downtown's Drink waking up center, that is USD45.00.

A Prohibition for drinking till 21.


Dean told me that there is record in UC Santa Barbara. If Immigration or FBI request, University will release it to them. But Dean will not report it to them at their side.

Till now I have not got FBI Washibgton DC's FOI reply yet.


Dean suggests me to go to DMV to get 5 years driving Record, DMV's 5 years driving can show if there is arrest record or not.



What should I do?


Please help me.
 
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Are you crazy!!!!! Why did you send a letter to the FBI !!!!???

That's like standing in a Police Station parking lot with a big sign saying "Pot for Sale".

I can't believe you did that. You should have left everything alone. The school just wanted to scare your straight.
 
simsd said:
Are you crazy!!!!! Why did you send a letter to the FBI !!!!???

That's like standing in a Police Station parking lot with a big sign saying "Pot for Sale".

I can't believe you did that. You should have left everything alone. The school just wanted to scare your straight.
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Dear Friend:


There is a kind of FOI request service in FBI. Everybody has rights to check his record. Nothing seriously.

When we were applying GC, my dad wrote once. FBI was friendly enough to reply him.


If you go to each county's police depart, you have rights to see your record.
But I did write to FBI for FOI.


Thank you for your kind concern.
 
If you don't mention the incident but USCIS finds out about it, it is very likely you'll be denied. Deportation is also possible. Lying on a citizenship application is taken very seriously.

I am not aware of underage drinking being a deportable offense (although it could be, because I don't know all the laws and court cases related to it), but "good moral character" is subjective and they are not very forgiving when it comes to drug and alcohol related offenses.

Arrest and conviction records for are never truly expunged; they are all still stored somewhere. Expunged only means that for employment and housing and gun-buying purposes, background checks will ignore those records so you can legally put "No" for questions that ask "have you ever been arrested or convicted". But for immigration purposes, they don't recognize that a record was expunged. If something happened, they want to see the records.
 
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Jackolantern said:
If you don't mention the incident but USCIS finds out about it, it is very likely you'll be denied. Deportation is also possible. Lying on a citizenship application is taken very seriously.

I am not aware of underage drinking being a deportable offense (although it could be, because I don't know all the laws and court cases related to it), but "good moral character" is subjective and they are not very forgiving when it comes to drug and alcohol related offenses.

Arrest and conviction records for are never truly expunged; they are all still stored somewhere. Expunged only means that for employment and housing and gun-buying purposes, background checks will ignore those records so you can legally put "No" for questions that ask "have you ever been arrested or convicted". But for immigration purposes, they don't recognize that a record was expunged. If something happened, they want to see the records.
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Dear Jack:

Thank you for your advice.

I think i will do the following steps:


Wait till 5 year, that is it happened in 2006 for my arrest, then till 2011, I apply citizenship. to earn my 5 years moral Windown points.

second, I will report this arrest in application and give them a copy of letter I got from my DEAN.


Do you think if I do as above is possible for me to get USA Citizenship?
 
Eddy Wang said:
Wait till 5 year, that is it happened in 2006 for my arrest, then till 2011, I apply citizenship.
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Not just 2011, but also no earlier than the day in 2011 which is after the 5-anniversary of the incident.

Do you think if I do as above is possible for me to get USA Citizenship?
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Yes, if you don't get into any other trouble.

But it is also possible to get citizenship even if there is one or two minor incidents on your record, depending on what the offenses are. If this incident is ignored, when would you become eligible for citizenship? Now? 2008? If the 5-year post-GC date is coming soon, you might want to schedule a one-time consultation with a lawyer (might cost you $200-$300) to find out what your chances would be if you didn't wait for 5 years after the incident. The lawyer should know what happened with other applicants who had underage drinking on their record and didn't wait until 5 years after. While things will go smoother if your 5-year window is 100% clean, you also don't want to unnecessarily wait an extra 3 or 4 years if this incident is too trivial to matter.
 
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Jackolantern said:
Not just 2011, but also no earlier than the day in 2011 which is after the 5-anniversary of the incident.

Yes, if you don't get into any other trouble.

But it is also possible to get citizenship even if there is one or two minor incidents on your record, depending on what the offenses are. If this incident is ignored, when would you become eligible for citizenship? Now? 2008? If the 5-year post-GC date is coming soon, you might want to schedule a one-time consultation with a lawyer (might cost you $200-$300) to find out what your chances would be if you didn't wait for 5 years after the incident. The lawyer should know what happened with other applicants who had underage drinking on their record and didn't wait until 5 years after. While things will go smoother if your 5-year window is 100% clean, you also don't want to unnecessarily wait an extra 3 or 4 years if this incident is too trivial to matter.
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Dear Jack:

You are so kind. Thank you for your useful information.

I got my GC in June of 2005 from my mom's Asylum's GC. Back one year, so, I could apply in 2009's Jan. . I will seek a consulting at that time.

Also, I will be carefull in my behavior to make 5 years moral window clean. to wait till 2011 is fine for me as I am still a student of Dentist at that time. that arrested happened in July, 2006. Unlucky year for me. I was sent to emergency room of hospital 4 times around those months.
 
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Eddy Wang said:
Dear Jack:

Thank you for your advice.

I think i will do the following steps:


Wait till 5 year, that is it happened in 2006 for my arrest, then till 2011, I apply citizenship. to earn my 5 years moral Windown points.

second, I will report this arrest in application and give them a copy of letter I got from my DEAN.


Do you think if I do as above is possible for me to get USA Citizenship?
Click to expand...


Dear Jack and all friends:


I got FBI's reply today:


To Promptly respond to request, we concentrate on identifying main files in the central records system at FBI HQ. No records responsive to your FOIPA request request were located by a search of automated indices.



What should I do?


Need I confess what happened in UC Santa Barbara?
 
Eddy,

You have made a mistake early in life. Don't compound this and mess up with your life. After 5 years apply as Jack suggested. Be truthful and honest in your dealings with USCIS. Applying after 5 years after the incident shows you have improved and of good characted. But lying and trying to get a citizenship earlier might even end up in deportation. You have a great future ahead of you don't screw it up for the sake of getting a US citizenship a a few years earlier. It is not worth the hassle and risk. Even if get away now by lying on the citizenship form, remember it can come back to haunt you even after 40 years. Do the right thing and sleep well, that is my advice to you. When you seek advice on an open forum and seek the wrong path ahead you will have many people egg you on. But remember the consequences of your action only you will suffer. So take the sane advice and do the right thing. I am happy you have learnt from your mistake about getting drunk and made a resolve not to do so again.

BTW, FOI main file record, only gives you if FBI has an investigative record on you, not about the existence of a local police record which they can access if need be.

Eddy Wang said:
Dear Jack and all friends:


I got FBI's reply today:


To Promptly respond to request, we concentrate on identifying main files in the central records system at FBI HQ. No records responsive to your FOIPA request request were located by a search of automated indices.



What should I do?


Need I confess what happened in UC Santa Barbara?
Click to expand...
 
brb2 said:
Eddy,

You have made a mistake early in life. Don't compound this and mess up with your life. After 5 years apply as Jack suggested. Be truthful and honest in your dealings with USCIS. Applying after 5 years after the incident shows you have improved and of good characted. But lying and trying to get a citizenship earlier might even end up in deportation. You have a great future ahead of you don't screw it up for the sake of getting a US citizenship a a few years earlier. It is not worth the hassle and risk. Even if get away now by lying on the citizenship form, remember it can come back to haunt you even after 40 years. Do the right thing and sleep well, that is my advice to you. When you seek advice on an open forum and seek the wrong path ahead you will have many people egg you on. But remember the consequences of your action only you will suffer. So take the sane advice and do the right thing. I am happy you have learnt from your mistake about getting drunk and made a resolve not to do so again.

BTW, FOI main file record, only gives you if FBI has an investigative record on you, not about the existence of a local police record which they can access if need be.
Click to expand...



Dear Friend:

Thank youfor your advice.

I was arrested by University police by mistake. I was sick in my bedroom, sleeping. I proved all evidence to my DEAN.

I will consult with my Lawyer before I hand over my application.


Thank you again.
 
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