Domestic violence with N400

[pankaj 0]

I had naturalization interview few days back.

I had a domestic violence misdemenor case back in 2003. The charge was later dropped (my girlfriend) and eventually dismissed and later expunged off my record. I do not have any sort of court documentation such as court disposition or expungement records..The court does not have any record too due to it being expunged so they gave me a background record that says I do not have anyhing in my background.

The immigration officer told me that the document was not enough. She needed a court disposition. When I actually filed out the N-400, I filled out the form honestly as it says even if my case has been vacated/Expunged..But I answered NO to the question "Have you ever been charged of any offense or crime?", thinking that the charges were dropped. The CIS officer argued the fact with me and told me that I was not disclosing thing properly. I told her that I wasn't clear about the question. I have disclosed eveything about the case when/where/and the disposition of the case in the descroption section immediately after GOOD MORAL questions section.

The officer said that she could not make a decision based on the paperwork I presented and that she will have to consult with her supervisor to proceed.

What do you think my chances are and what should I do to help myself?

Edited April 16, 2009 by pankaj

[Bobby+Umit 161]

You were charged though.

It didn't get processed to "convicted" since it was dismissed and expunged.

So, the correct answer would of been "yes" with the details you said gave above.

Not sure what you can do, since you can't provide the court disposition. Didn't you get any paperwork when the charges were dropped?

[Chica Yeyé 41]

I had naturalization interview few days back.

I had a domestic violence misdemenor case back in 2003. The charge was later dropped (my girlfriend) and eventually dismissed and later expunged off my record. I do not have any sort of court documentation such as court disposition or expungement records..The court does not have any record too due to it being expunged so they gave me a background record that says I do not have anyhing in my background.

The immigration officer told me that the document was not enough. She needed a court disposition. When I actually filed out the N-400, I filled out the form honestly as it says even if my case has been vacated/Expunged..But I answered NO to the question "Have you ever been charged of any offense or crime?", thinking that the charges were dropped. The CIS officer argued the fact with me and told me that I was not disclosing thing properly. I told her that I wasn't clear about the question. I have disclosed eveything about the case when/where/and the disposition of the case in the descroption section immediately after GOOD MORAL questions section.

The officer said that she could not make a decision based on the paperwork I presented and that she will have to consult with her supervisor to proceed.

What do you think my chances are and what should I do to help myself?

Sorry, but the question is quite clear and you lied. Not much you can do now; should have told the truth in the first place.

[pankaj 0]

I did get the disposition and expungement whcih was infact used to process my green card back then. Since then I have moved to so many places and misplaced it. This incident actually happened before I got my green card so during green card process as well I had to submit all these paper work which I had back then and it was not a problem.

I didn't intentionally lie to the officer. My interpretation of charge was incorrect and I hope the supervisor understands.

The USCIS officer basically took advantage of the fact that I was not accompanied by a lawer.

The guide to naturalization explictly says in situation where the case is expunged "If you ever had an arrest or conviction vacated, sealed..expunged or removed from record, send

- An original or court certified copy of the court order vacating, setting aside...............OR an original statement from the court that no record exists of your arrest or conviction

Not sure what to do. Should I take "the guide to naturalizatoin" to the USCIS office and talk to the officer and or the supervisor explaning that was the reason I submitted the doc that I did..

Thanks for your reply

[MsAnn 0]

Did she give you a paper telling you to send more information or to just wait for a decision in the mail?

Edited April 17, 2009 by MsAnn

[pankaj 0]

She asked my to wait until she will get with her supervisor and make a decision. She was extremely rude not sure why. Probably due to the domestic violence case that I had mentioned.

Anyhow hope the supervisor exercises more common sense than what this lady did.

[jasminelily 1]

I did get the disposition and expungement whcih was infact used to process my green card back then. Since then I have moved to so many places and misplaced it. This incident actually happened before I got my green card so during green card process as well I had to submit all these paper work which I had back then and it was not a problem.

I didn't intentionally lie to the officer. My interpretation of charge was incorrect and I hope the supervisor understands.

The USCIS officer basically took advantage of the fact that I was not accompanied by a lawer.

The guide to naturalization explictly says in situation where the case is expunged "If you ever had an arrest or conviction vacated, sealed..expunged or removed from record, send

- An original or court certified copy of the court order vacating, setting aside...............OR an original statement from the court that no record exists of your arrest or conviction

Not sure what to do. Should I take "the guide to naturalizatoin" to the USCIS office and talk to the officer and or the supervisor explaning that was the reason I submitted the doc that I did..

Thanks for your reply

I sure wished that you would have that guide book with you during the interview, it would have save you lots of trouble. For now, whatever happened had already happened, you can only wait for the supervisor to make that decision. Then you can plan your next action. Good Luck!

[pankaj 0]

Hi,

I talked to the court and the supervisor of criminal records is sending me a letter stating that once an expungement is done, the state destroys all traces and docs. There is nothing left behind. Also my criminal attorney will be sending some expungement paperwork that is in the file with him.

My question is once I get those documents this week, can I walk into the the immigration officer who interviewed me and present the paperwork? What do you recommend I do?

Thanks for all your help in this matter..

Edited April 18, 2009 by pankaj

[jasminelily 1]

Hi,

I talked to the court and the supervisor of criminal records is sending me a letter stating that once an expungement is done, the state destroys all traces and docs. There is nothing left behind. Also my criminal attorney will be sending some expungement paperwork that is in the file with him.

My question is once I get those documents this week, can I walk into the the immigration officer who interviewed me and present the paperwork? What do you recommend I do?

Thanks for all your help in this matter..

Nope. Sorry to say that you can't just walk in to see that IO, he/she might not even have the file in hand already. You'll have to wait for USCIS to contact you now, they'll send you letter, either RFE or ask for you to go second interview or they'll simply approve you, the letter will instruct you how to respond. Be patience, you're really close to end of the tunnel. Best of Luck to you!

[pankaj 0]

Thanks for your response.

What really makes me nervous is that if she has changed the answer to "yes" about me giving incorrect information to immigration regarding the situation where i had answered "no" to me being "charged".

Also after the interview she gave me a letter with her name, stating a decision could not be made and that she would talk to the supervisor. It appears that the file would stay with her until they decide what will be done with my case...

If I can't meet her in person, do you think I should mail the letter from court and my lawyer to her in that case?

I hope you are right and this is the end of the tunnel...But anxiousness is killing me...My wife is abroad waiting and I need to file a petition for her once I get my naturilization..I wish i could fast forward the time...So helpless..

[jasminelily 1]

Thanks for your response.

What really makes me nervous is that if she has changed the answer to "yes" about me giving incorrect information to immigration regarding the situation where i had answered "no" to me being "charged". Should have answer yes from the beginning, you were charged, but the charges were drop afterwards. But you did it right by telling the truth during the interview. It does caused a delay, but I don't think it will cause a deny.

Also after the interview she gave me a letter with her name, stating a decision could not be made and that she would talk to the supervisor. It appears that the file would stay with her until they decide what will be done with my case... If you think so. I don't know because I am not her.

If I can't meet her in person, do you think I should mail the letter from court and my lawyer to her in that case? If that letter she gave you has her specific address, then go ahead and do so now because that would ease your mind. But mail copies only for the moment because you don't know what's her decision yet, you need to keep the original for future use. If the letter she gave you doesn't have a specific address where you can reach her, mind if I ask where are you planning to mail the materials to?

I hope you are right and this is the end of the tunnel...But anxiousness is killing me...My wife is abroad waiting and I need to file a petition for her once I get my naturilization..I wish i could fast forward the time...So helpless.. Totally understand your feeling, but again please be patience and calm, deal with things when things really come, not before it comes, otherwise you wasted all energy/worriness for something that might not even happen, it's good to prepare, but not good to over-worry.

[pankaj 0]

You are absolutely right when you say, I may be worring for no reason and infact I should wait until I know what exactly her decision is going to be. Thanks for your input.

The letter that she handed me doesn't have her address but I do know the address of that location where I went for interview. And her name (full name) is in that letter so I was thinking I could mail the letters. You are right, I should send her copies and keep the original copies.

Your response is providing me some strength ..Thanks again..I was devestated and broken down immediately after the interview...

[Bobby+Umit 161]

You always try to call and talk to them, to see if they need this evidence.

Especially since you said this in your OP -

The officer said that she could not make a decision based on the paperwork I presented and that she will have to consult with her supervisor to proceed.

[motu 5]

Hopefully everything will work out OK for you, at least I think so. However, I have another thought/question - when the citizenship is denied in such a case like this, what happens to the LPR status? Is that changed or does that remain intact? Pankaj has no criminal history/record, so I would assume that his LPR status should remain intact.

Any one knows any more details? I have heard that some people never change their status (to citizenship) because they want to retain their birth citizenship - how long can they do it? 20 years? 40 years?

[jasminelily 1]

Hopefully everything will work out OK for you, at least I think so. However, I have another thought/question - when the citizenship is denied in such a case like this, what happens to the LPR status? Is that changed or does that remain intact? Pankaj has no criminal history/record, so I would assume that his LPR status should remain intact.

Any one knows any more details? I have heard that some people never change their status (to citizenship) because they want to retain their birth citizenship - how long can they do it? 20 years? 40 years?

The LPR status still remains in effect. If it's denied, one can always appeal. If appeal is not successful, then one can always re-file.

As far as how long can someone can remain as LPR, I know someone who has been a LPR for 15 years, heard of more in different forums, but not personally known to me. I think (not sure) as long as the LPR doesn't break the residency rule, the LPR can maintain the status as long as one wish to.