Applying for N400 w/ arrest record

[msmay 0]

Hi I've been visiting this site for almost a month hoping to find an answer regarding about my concern..

I was a GC holder since 2007 married to a US cz man, we've been married for 8yrs(he was diagnosed w PTSD and has bipolar).

I'm a law abiding individual never been in any trouble in my life up untill may 2014. We went to California for couple of days visit and it was fun, the night before our flight back home we had a heated argument inside our hotel my 5yr old daughter was inside our hotel room,

during the fight he got a small scratch from me, He then called the reception area to call the cops on me for DV, I was confident that I'll never get In trouble because his 300lbs/6ft tall and I'm only 100lbs/5"2 and what can they charge me for?(obviously I'm clueless).

my daughter was crying the entire time because her father wants to take her but I wasn't letting him go w/ my daughter.

when the cops came we're both calm,They talked to us separately, I only told them it's just an argument..and this is not necessary he push me so then I push him back and thats about it,

I have no idea what he had said to the cops but he sure did said a lot against me..I was confident everything is going to be fine.

After hours of questioning Next time I know the cops took me and hand cuff me they were rude and mean to me laugh at my situation while I was inside the police car and only listen to my husband side since I did not say much, I started crying confuse and frightened,one of the cops said your husband will longger press charge but we will, took me to jail booked,fingerprinted and the lady in jail told me I was charge for Felony and willful cruelty to a child(child abuse),

I'm completely shock and didn't see this coming. I have a clean record, big dreams and here I come facing felony/child abuse where I've done nothing but work hard for my family and do my best to be a good mom..

Anyway my bail was $50k, I couldn't afford it,

My husband and my daughter flew back to our hometown after I got arrested and left alone in Ca jail.

I had to stay and wait for my trial spent 4days in jail, went to the court house for trial but I did not see the judge I was told by an officer I have no case and let go the same day.

I Went to the courthouse got court disposition..

I was relieve when they let me go,I'm back with my husband and my daughter and still leaving together,I'm going back to college this fall and hoping to find a job since I lost my other job after I got arrested..

I wanted to apply for citizenship soon after I get my arrest record expunge, will I get approve for citizenship despite of the arrest record but NO CHARGES/CASE FILED?

How unlikely will I get approved?or should I wait?

Grateful for any helpful answer I get..and thank you all in advance.

Ps: sorry for the long letter and my broken English..

[Hypnos 6,579]

You weren't convicted, so it's a non-issue.

[Rose&Jorge 8]

If you were never officially charged. It was just thrown out then it wont even probably be on ur record.

Should be fine

[Hypnos 6,579]

Even if it wasn't officially on her record she would still need to declare it, as the N-400 instructions make explicitly clear.

Edited July 24, 2014 by Hypnos

[Pitaya 2,577]

Even if it wasn't officially on her record she would still need to declare it, as the N-400 instructions make explicitly clear.

Agree.

Refer to Part 11, Additional Information of the Form N-400: http://www.uscis.gov/sites/default/files/files/form/n-400.pdf

Edited July 24, 2014 by A&B

[NigeriaorBust 4,087]

In California you are frequently charged when they bring you in. Have you gotten a police report to see exactly what it said ?

[second stage 14]

I was a GC holder since 2007 married to a US cz man, we've been married for 8yrs(he was diagnosed w PTSD and has bipolar).

I have no idea what he had said to the cops but he sure did said a lot against me..I was confident everything is going to be fine.

I Went to the courthouse got court disposition..

I was relieve when they let me go,I'm back with my husband and my daughter and still leaving together,I'm going back to college this fall and hoping to find a job since I lost my other job after I got arrested..

I wanted to apply for citizenship soon after I get my arrest record expunge, will I get approve for citizenship despite of the arrest record but NO CHARGES/CASE FILED?

How unlikely will I get approved?or should I wait?

This is my suggestion but if your case is complicated, you may want to hire an attorney.

I think you will be approved based on what you suggested. I would include all copies that you received from the court and also, if needed, write an explanation as to what happened etc.

Are you filing based on 5 year eligibility or 3 year(married to US citizen) eligbility? Depending on that you may or may not need additional documents.

My concern is that you said you don't know what your husband said to the cops - did you ever find out what was the cause why they arrested you?

[KASH2011 383]

Even if it wasn't officially on her record she would still need to declare it, as the N-400 instructions make explicitly clear.

Agree.

Refer to Part 11, Additional Information of the Form N-400: http://www.uscis.gov/sites/default/files/files/form/n-400.pdf

Agree with the above! Yes you will be approved. Make sure you get a copy of the police arrest record which will include a statement that your husband made prior to your arrest! Good luck to you.

[Turbota 11]

msmay .... I sent you a PM regarding your situation

[Turbota 11]

What she needs to include more than anything to her N-400 is a certified copy of the final court disposition showing that the charge against her was dismissed. If she does not have that, she can request a copy of it from the Court Clerk's Office. Don't send in your N-400 without it.

If they want any additional info from you, they will ask for it later, but attaching the final court disposition is very important.

I have been through this exact situation before.