Arrest and n400 Help !!!

[ce2010 7]

Hello Everybody

i have VERY IMPORTANT QUESTION, your feedback will be appreciated.

i received my interview date today with that excitement, i took a look at my old traffic tickets and stuff to see if i was missing anything. And FOUND OUT I AM MISSING SOMETHING.

here is what happened.

on february 2008 (2 years before i got my green card, when i was married)

i got stopped with my motorcycle while going slow on the road, Police stop me because i wasn't wearing an eye protection. so after he checked my license he came back and told me that MY driving license is not enough to drive big scooter like the one i was driving. i said I'm sorry but i didn't know and i will get motorcycle license right away.. he said that he has to give me 2 tickets. 1- for eye protection(what he stop me for) 2- for no motorcycle license. but there is a problem he said .. i cannot give you a ticket for 2. offense. i need to ARREST you. i said why and stuff. so after like 30 minutes he let me sign a YELLOW PAPER that says ARREST AFFIDAVIT.(i never got taken to jail - he told me to park my scooter, go back home) and he said appear in court with license you gonna get and everything will be okay.

i went and got the license right away, and court dissmissed the case.

so

2 years after this incident i got my 10 year green card.

now

on n400 application on the parts for the "have you ever been arrested " parts i put NO.

letter that came with the interview date says even its dismissed i gotta disclose this information..

what do you guys think i should do???? i don't have any intention about hiding anything from government..

is there any statutory period to disclose such offenses??

on the documents to bring page, it says i have to bring official certified dismissal papers for any offense.. what to do ??

Again this situation happened exactly 7 years ago

please help

thank you

[JimmyHou 611]

There is no statutory after which you do not need to disclose this event. The form specifically asks if you have ever been arrested, cited, etc.

At the interview, you will be given a chance to correct any misinformation on your form. As long as you correct the information before you sign the form at the interview, you will not have lied on a government form.

There is however a statutory period when it comes to proving good moral character. For most minor offenses, such as the one you've described, if the offense has occurred before the statutory period (five years or three years depending on how you're applying) then it should not affect your naturalization. The interviewer will still likely want to see court disposition papers but if you have these available it should not be an issue. The more important fact is that you left important information off of your application and this needs to be corrected. You should be prepared for a slight delay in your application because in many cases where there his history of arrest, further supervisor review is required.

[Dohan 133]

you absolutely must disclose everything, there is no statute of limitations when it comes to immigration issues.

Even if the case was dismissed you can obtain a document called "certificate of disposition" which will demonstrate all the details of what happened and that case was dismissed. You get this from the court where you had to appear. Trust me, I have seen citizenship applications be denied over something so small. They will find it and will think you lied. Please save yourself the hassle and get this document and bring it on the day of the interview.

[Gosia & Tito 199]

Hello Everybody

i have VERY IMPORTANT QUESTION, your feedback will be appreciated.

i received my interview date today with that excitement, i took a look at my old traffic tickets and stuff to see if i was missing anything. And FOUND OUT I AM MISSING SOMETHING.

here is what happened.

on february 2008 (2 years before i got my green card, when i was married)

i got stopped with my motorcycle while going slow on the road, Police stop me because i wasn't wearing an eye protection. so after he checked my license he came back and told me that MY driving license is not enough to drive big scooter like the one i was driving. i said I'm sorry but i didn't know and i will get motorcycle license right away.. he said that he has to give me 2 tickets. 1- for eye protection(what he stop me for) 2- for no motorcycle license. but there is a problem he said .. i cannot give you a ticket for 2. offense. i need to ARREST you. i said why and stuff. so after like 30 minutes he let me sign a YELLOW PAPER that says ARREST AFFIDAVIT.(i never got taken to jail - he told me to park my scooter, go back home) and he said appear in court with license you gonna get and everything will be okay.

i went and got the license right away, and court dissmissed the case.

so

2 years after this incident i got my 10 year green card.

now

on n400 application on the parts for the "have you ever been arrested " parts i put NO.

letter that came with the interview date says even its dismissed i gotta disclose this information..

what do you guys think i should do???? i don't have any intention about hiding anything from government..

is there any statutory period to disclose such offenses??

on the documents to bring page, it says i have to bring official certified dismissal papers for any offense.. what to do ??

Again this situation happened exactly 7 years ago

please help

thank you

First of all. I am not a lawyer, but do have some knowledge of legal proceedings through work I do that gets me to appear in court several times a year.

An arrest affidavit is in some states used to secure an arrest warrant, which then leads to the actual arrest. In some other states is used as an arrest report -after an arrest has happened-.

Besides of what has been posted here, I'd check with an attorney in the jurisdction this happened to clarify which was it is

As I said, IANAL and you might want to check

[NancyNguyen 1,657]

Your offense is not a ground to deny your citizenship (aka moral thingies) sometime they just want to see your honesty. NO to that question is not a wise choice.

[ExPatty 502]

OP may be interested in how exactly to correct this, though? Does he submit additional documentation now, before his interview, or does he gather all the documents he needs and then as soon as the interview starts volunteer it and offer that he made a mistake he wants to correct before they lock everything down?

[JimmyHou 611]

OP may be interested in how exactly to correct this, though? Does he submit additional documentation now, before his interview, or does he gather all the documents he needs and then as soon as the interview starts volunteer it and offer that he made a mistake he wants to correct before they lock everything down?

The latter. Gather all relevant documents and let the interviewer know that a correction needs to be made at the beginning of the interview.

[ce2010 7]

so Disposition Letter should have some specific words do you think??

like dismissed? etc

[JimmyHou 611]

It'll say what happened in the case. You were fined and pay the fine, the case was dismissed, charges dropped, sentence served, etc.

They want to see that you have satisfactorily completed whatever the court asked you to do.

[ce2010 7]

today i went to police station first.

i got my arrest record from 2008.

than

i went to clerk of courts, they gave me 2 piece of paper it says NO CHARGES , NOT GUILTY, and other one is NOLLE PROSSE

i think this is satisfactory right? document checklist says they require these papers. what do you guys think?

[DC85 113]

today i went to police station first.

i got my arrest record from 2008.

than

i went to clerk of courts, they gave me 2 piece of paper it says NO CHARGES , NOT GUILTY, and other one is NOLLE PROSSE

i think this is satisfactory right? document checklist says they require these papers. what do you guys think?

yes that's enough. just make sure the court paper is certified or stamped by the court.

[ce2010 7]

yes that's enough. just make sure the court paper is certified or stamped by the court.

it is electronically stamped and dated. (printed) not manually stamped..

[ce2010 7]

do you guys think that i have to write an excuse letter for putting NO on the n400 application for arrest part?

[ce2010 7]

???

[NancyNguyen 1,657]

???

You will have a chance to correct it at interview, writing a letter now won't help.