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Misdemeanor Question

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  • Misdemeanor Question

    I have recently applied for citizienship after 4 years 10 months of having GC. I was arrested in 2003 when a neighbour complained about me having arguments with my ex-wife. I was released the same day after couple hours, and no case was filed. There were no charges and no allegations whatsoever. I wasn't given any arrest report or dismissal report either. On the form, I have mentioned about the incident and also explained above in a separate page attached with the form. I have following questions, if somebody can advise:- (a) Is my explanation in the attached page enough about the incident, as I do not have the dismissal or arrest report (b) Should I try to get the arrest/dismissal report even though its 3.5 years since the incident, so that I have the evidence at least at the interview time (c) Will there be affect on my citizenship application at all because of this incident, if yes, what ?
    Any response on this will be highly appreciated.

  • #2
    Any Help

    I appreciate any response that I can get from anybody from this forum. I would really like to find out my next steps, if I have to do anything.


    • #3

      Immigration only denies cases which they have a good chance of winning on appeal. You have to inform them of the arrest and submit the disposition, if any. If there is none, then a certified letter fom the court. They cannot deny you for an arrest for which there is no conviction. Remember you have to be convicted of a crime from the Crimes of Moral Turpitude list. If they deny you...you appeal...they lose...they won't be bothered denying you....because you will win on appeal. Don't worry you are safe. Your arrest does not fit the bill.


      • #4
        Thanks so much

        Thanks so much for your response. I feel a sense of relief now. BTW, I visited the court and was able to secure a certificate from them mentioning that no cases were filed against myself. Hope things go well. I have gottten my interview letter, and its for March 28th.


        • #5
          Got Interviewed - But "Case cannot be decided at this time"

          Hello, Like I said below, I was able to get a certificate from Court. I was interviewed on Mar 27th, I passed the Civic and other tests, but finally I got the letter where, it was marked that I passed the tests, but my case cannot be decided at this time. The interviewing officer said that I am probably OK, but he need to get supervisor's approval, as the incident was within 5 years. He said that the best thing that I did was bringing in the letter from court certifying that there is no case in their record. He said that my case is probably Ok and that its very likely that I will get a letter letting me know the oath date, but wait for letter from them. When I asked, how much time it would take, they told me that it might be soon, but he is supposed to tell me the official answer only, which is 120 days maximum and that if my case gets denied, I can appeal, blah, blah .... . He also gave me the passport form to fill in, but said not to sign, until I have got that letter from them.

          It has been 2 weeks so far, and I am getting anxious as to what will happen to the case, and when will I know one way or the other, can't focus until I know the outcome.

          I was wondering, if anybody else had similar experience and how much time it took for you ? If I want to get in touch with somebody at USCIS, who/how/when should I contact ? Any advise on what should I do would be greatly appreciated. Just getting too anxious here.


          • #6
            anybody, any input?

            Anybody, Would appreciate any response with input on what shud I do. Just getting too frustrated/anxious waiting .......


            • #7
              Help Needed

              Would appreciate any response with input on what shud I do. Just getting too frustrated/anxious waiting ....... What are some of the things I can do to get some reply or find out what's going on ?

              Please Help.


              • #8
                Hang in there. You should be OK. I'd think it is just normal delay and not worry too much about it.


                • #9
                  Several of my students have been given the "we will let you know" response after they successfully completed the History and Civics tests. One was given no reason for the deferred decision and spent three months worrying. We were on the verge of making an Infopass when on about day 103 her Oath Appointment letter arrived.
                  Another had not been truthful about a past police detention and compounded the problem by lying to the IO. She received the Denial of Application letter in about one week.