I was arrested once for a Second Degree Assault on my wife. I was in jail for 1 day and finally I was acquitted of all charges against me and all the records are expunged.
The incident happened six years ago and was very simple. We fought for the TV remote and I forcefully took the control and pushed her. My wife just wanted to teach me a lesson and called 911. She later told me that she just wanted the cop to warn me and not arrest. We still stay together and now we are a happy family with kids. We both applied for citizenship and my wife has already got her citizenship and my case is not approved yet.
Since I was arrested for this incident, I mentioned this in N-400. In the interview I was asked about this. Since the court paper or the impingement records do not present the complete report on the incident, I did not mention that the second degree assault is actually a Domestic Violence. I just kept repeating in the interview that it was a second-degree assault and I was found not guilty ad that the records have been expunged. So the officer did not approve my application and asked to submit final court dispositions, including those which have been dismissed. The reason he gave was “Lack of Knowledge” and “Missing Evidence”.
Since this incident happened over 6 years ago and since the records have been expunged, I was not able to get any of these papers requested from the court. But I was able to submit a court paper stating that NO RECORD FOUND was for the case.
Now I have received the letter for naturalization re-interview and I am sure that I will be asked about the charges again. I am not sure if I should explain the detailed incident to the officer or I should just present the court papers again that do not say anything about domestic violence. I am afraid that if I mention about domestic-violence, office might reject my application.
Please advise.
The incident happened six years ago and was very simple. We fought for the TV remote and I forcefully took the control and pushed her. My wife just wanted to teach me a lesson and called 911. She later told me that she just wanted the cop to warn me and not arrest. We still stay together and now we are a happy family with kids. We both applied for citizenship and my wife has already got her citizenship and my case is not approved yet.
Since I was arrested for this incident, I mentioned this in N-400. In the interview I was asked about this. Since the court paper or the impingement records do not present the complete report on the incident, I did not mention that the second degree assault is actually a Domestic Violence. I just kept repeating in the interview that it was a second-degree assault and I was found not guilty ad that the records have been expunged. So the officer did not approve my application and asked to submit final court dispositions, including those which have been dismissed. The reason he gave was “Lack of Knowledge” and “Missing Evidence”.
Since this incident happened over 6 years ago and since the records have been expunged, I was not able to get any of these papers requested from the court. But I was able to submit a court paper stating that NO RECORD FOUND was for the case.
Now I have received the letter for naturalization re-interview and I am sure that I will be asked about the charges again. I am not sure if I should explain the detailed incident to the officer or I should just present the court papers again that do not say anything about domestic violence. I am afraid that if I mention about domestic-violence, office might reject my application.
Please advise.
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