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  • concerned and questions

    I have greencard since june of 04. Now want to apply for citizenship but am worried. In 2002 ( i think end of that year), i was arrested for domestice voilence but was never charged. I never paid any fines...no sentence, nothing. However the fact remains that i was arrested although never charged. Now, how will this effect my citizenship . will be rejected? If i am rejected for this reason what will happend to my green card status? I plan on disclosing this and have documents to show that i was never charged. Shoild i even bother applying to citizenship. other than this i have issues...it is pretty staright fprward and i satisfy all the other citizeship requirements.

    Any responses will be great and thanks a lot in advance for your time. If anybody needs more info i will try and provide.

  • #2
    Originally posted by painful View Post
    I have greencard since june of 04. Now want to apply for citizenship but am worried. In 2002 ( i think end of that year), i was arrested for domestice voilence but was never charged. I never paid any fines...no sentence, nothing. However the fact remains that i was arrested although never charged. Now, how will this effect my citizenship . will be rejected? If i am rejected for this reason what will happend to my green card status? I plan on disclosing this and have documents to show that i was never charged. Shoild i even bother applying to citizenship. other than this i have issues...it is pretty staright fprward and i satisfy all the other citizeship requirements.

    Any responses will be great and thanks a lot in advance for your time. If anybody needs more info i will try and provide.
    You should be ok to apply. You will need to provide the court documents showing you were never charged. The Officer might also want to look at the arrest report to see what was going on. They will be trying to determine your moral character.

    Since its outside the 5 year, you probably will be ok.

    Did you disclose the arrest when your GC was approved?
    Disclaimer:Not legal advise! Use at your own risk.
    ..............................................
    N-400 Timeline San Antonio Office
    06/07/2009 - Sent Application
    06/10/2009 - Delivered.
    06/12/2009 - Check Cashed
    06/19/2009 - Rec NOA
    06/22/2009 - Rec Biometrics Appt Letter
    07/02/2009 - Biometrics Appt
    07/13/2009 - Rec Interview Letter Appt
    08/24/2009 - Interview Date
    10/13/2009 - Rec Oath Appt Letter
    10/22/2009 - Oath Ceremony
    10/26/2009- Passport App
    11/06/2009- Passport Received

    Comment


    • #3
      Thanks

      Thank you for replying. I did not have to disclose for GC because i had filed in early 2002 and this incident happened much later that year. I was never interviewd and just got my approval. On a scale of 1 to 10 what are my chances that i will be denied?

      Comment


      • #4
        Also

        if my n400 is denied, what will happen to my green card status?

        Comment


        • #5
          Originally posted by painful View Post
          if my n400 is denied, what will happen to my green card status?
          It depends. If you never disclosed the arrest during your GC application, this can be an issue. You might want to contact an immigration attorney to assist you. You dont want to jeopardize your GC.
          Disclaimer:Not legal advise! Use at your own risk.
          ..............................................
          N-400 Timeline San Antonio Office
          06/07/2009 - Sent Application
          06/10/2009 - Delivered.
          06/12/2009 - Check Cashed
          06/19/2009 - Rec NOA
          06/22/2009 - Rec Biometrics Appt Letter
          07/02/2009 - Biometrics Appt
          07/13/2009 - Rec Interview Letter Appt
          08/24/2009 - Interview Date
          10/13/2009 - Rec Oath Appt Letter
          10/22/2009 - Oath Ceremony
          10/26/2009- Passport App
          11/06/2009- Passport Received

          Comment


          • #6
            i did disclose in the GC application because this incident happened after the gc application was submitted.

            Comment


            • #7
              i meant i did not disclose in the gc application because this incident happned after the gc applicaton

              Comment


              • #8
                Originally posted by painful View Post
                i did disclose in the GC application because this incident happened after the gc application was submitted.
                If you did, then you will need to submit the court records showing the outcome of the case and no charges were filled.

                Based on what you have said, then you should be ok

                Good luck!
                Disclaimer:Not legal advise! Use at your own risk.
                ..............................................
                N-400 Timeline San Antonio Office
                06/07/2009 - Sent Application
                06/10/2009 - Delivered.
                06/12/2009 - Check Cashed
                06/19/2009 - Rec NOA
                06/22/2009 - Rec Biometrics Appt Letter
                07/02/2009 - Biometrics Appt
                07/13/2009 - Rec Interview Letter Appt
                08/24/2009 - Interview Date
                10/13/2009 - Rec Oath Appt Letter
                10/22/2009 - Oath Ceremony
                10/26/2009- Passport App
                11/06/2009- Passport Received

                Comment


                • #9
                  Originally posted by painful View Post
                  i meant i did not disclose in the gc application because this incident happned after the gc applicaton
                  Did you go for an interview?

                  when did you apply?
                  Disclaimer:Not legal advise! Use at your own risk.
                  ..............................................
                  N-400 Timeline San Antonio Office
                  06/07/2009 - Sent Application
                  06/10/2009 - Delivered.
                  06/12/2009 - Check Cashed
                  06/19/2009 - Rec NOA
                  06/22/2009 - Rec Biometrics Appt Letter
                  07/02/2009 - Biometrics Appt
                  07/13/2009 - Rec Interview Letter Appt
                  08/24/2009 - Interview Date
                  10/13/2009 - Rec Oath Appt Letter
                  10/22/2009 - Oath Ceremony
                  10/26/2009- Passport App
                  11/06/2009- Passport Received

                  Comment


                  • #10
                    interview for GC???? I was never called for interview. In 04 i got approval and then went for stamping and then got GC. Now, i want to know if this incident will be a issue with my citizen ship

                    Comment


                    • #11
                      Originally posted by painful View Post
                      interview for GC???? I was never called for interview. In 04 i got approval and then went for stamping and then got GC. Now, i want to know if this incident will be a issue with my citizen ship
                      i get it now. Not everyone is interviewed for a GC. Marriage based GC holders are. Employment based are not.

                      In your case, i think you should be fine since the arrest happened a while ago( more than 5 yrs) and no charges were filled

                      Good luck!
                      Disclaimer:Not legal advise! Use at your own risk.
                      ..............................................
                      N-400 Timeline San Antonio Office
                      06/07/2009 - Sent Application
                      06/10/2009 - Delivered.
                      06/12/2009 - Check Cashed
                      06/19/2009 - Rec NOA
                      06/22/2009 - Rec Biometrics Appt Letter
                      07/02/2009 - Biometrics Appt
                      07/13/2009 - Rec Interview Letter Appt
                      08/24/2009 - Interview Date
                      10/13/2009 - Rec Oath Appt Letter
                      10/22/2009 - Oath Ceremony
                      10/26/2009- Passport App
                      11/06/2009- Passport Received

                      Comment


                      • #12
                        Cool. I was getting worried here.

                        Yes, my GC is employment based. Infact i still work for the same company. AT the time of filling the GC application the incident never occured....it occured 9 months after the 485 was filed. I did go for finger priningting and then got approval without any interview. So i ahve never lied at anytime during any immigration process.

                        Now i will disclose in my citizenship application. the incident happened a little over 7 years ago to be precise. Do you i will need a lwayer or i can do this myself?

                        Comment


                        • #13
                          Originally posted by painful View Post
                          Cool. I was getting worried here.

                          Yes, my GC is employment based. Infact i still work for the same company. AT the time of filling the GC application the incident never occured....it occured 9 months after the 485 was filed. I did go for finger priningting and then got approval without any interview. So i ahve never lied at anytime during any immigration process.

                          Now i will disclose in my citizenship application. the incident happened a little over 7 years ago to be precise. Do you i will need a lwayer or i can do this myself?
                          Well, i don't see any complications with your case. So you can do it by your self. However, If you don't feel comfortable doing it on your own, then you can hire an artorney.
                          Disclaimer:Not legal advise! Use at your own risk.
                          ..............................................
                          N-400 Timeline San Antonio Office
                          06/07/2009 - Sent Application
                          06/10/2009 - Delivered.
                          06/12/2009 - Check Cashed
                          06/19/2009 - Rec NOA
                          06/22/2009 - Rec Biometrics Appt Letter
                          07/02/2009 - Biometrics Appt
                          07/13/2009 - Rec Interview Letter Appt
                          08/24/2009 - Interview Date
                          10/13/2009 - Rec Oath Appt Letter
                          10/22/2009 - Oath Ceremony
                          10/26/2009- Passport App
                          11/06/2009- Passport Received

                          Comment


                          • #14
                            Thank You

                            Appreciate all your time. Have a good night.

                            I will keep you posted as i go thru this process.

                            Comment


                            • #15
                              posiontee

                              I filed my papers today. The documents i sent concerning my arrest are the incident report from the police department. I also went to the courthouse but they have no record of this incdicent since no charges were filed. the county clerk gave me a certified printout saying i was never charged for any crime. She said there is no other place that will have the record and this is all she can give me.

                              Will these two documents help me prove i was never charged and nothing came off of this arrest?

                              Comment

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