Domestic Violence, not arrested and N-400

[Anme 2]

I have a question that I hope some of you might be able to help me or at least guide me to the right direction.

 

A couple of months ago, I had an argument with my husband and thing got heated. He called a cop on me for domestic violence, police came and talked to both of us.  He had a small cut, but I was not in handcuffs and was not arrested. The police said there will be an incident report and gave me a case number. 

 

A bit after that I filed N-400 and I answered no to the question about "have you ever been arrested or convicted...."  I am unsure of what to do now, should I worry about the domestic violence incident?  Do I need to get a lawyer to represent my case? I filed under 5 years rule. No other violation, clean record.

[Hypnos 6,576]

It sounds as if you had nothing to answer Yes for.

Edited August 17, 2018 by Hypnos

[gnakr 43]

4 hours ago, Anme said:

I have a question that I hope some of you might be able to help me or at least guide me to the right direction.

 

A couple of months ago, I had an argument with my husband and thing got heated. He called a cop on me for domestic violence, police came and talked to both of us.  He had a small cut, but I was not in handcuffs and was not arrested. The police said there will be an incident report and gave me a case number. 

 

A bit after that I filed N-400 and I answered no to the question about "have you ever been arrested or convicted...."  I am unsure of what to do now, should I worry about the domestic violence incident?  Do I need to get a lawyer to represent my case? I filed under 5 years rule. No other violation, clean record.

The police themselves say it was domestic violence, or are you saying it is so based on the circumstances. Try asking this on AVVO.

[Chris & Pam 11]

Unless you were told you were under arrest, and and your Maranda rights read to you, you are not lying by answering "no" to that question.

[KazuriSana 324]

I would worry a lot, not about the Yes or No, but about the emotional cuts of such incidents on the one that's on the receiving end. You are ok on the N400, but is your marriage ok?

[CarlHamilton 252]

There is another question in there about crimes for which you were not arrested.   That's the one you may want to focus on. 

[implife 318]

12 hours ago, Anme said:

A couple of months ago, I had an argument with my husband and thing got heated. He called a cop on me for domestic violence, police came and talked to both of us.  He had a small cut, but I was not in handcuffs and was not arrested. 

Make sure you don't hurt people. They you will have fewer things to worry about.

[implife 318]

1 hour ago, love_my_wife said:

To think of it, bad things and mistakes do happen.. this forum is to seek and give answers related to applications/petitions to USCIS and not for moral policing! 

Of course mistakes happen. Far be it from me to judge anyone. But your moral character is exactly what USCIS will be looking at as you go through the process, especially when you apply for citizenship. That's all I was saying.

[implife 318]

7 minutes ago, implife said:

Of course mistakes happen. Far be it from me to judge anyone. But your moral character is exactly what USCIS will be looking at as you go through the process, especially when you apply for citizenship. That's all I was saying.

Actually, let me elaborate on this a bit more. This forum is teeming with posts and cries for help from people whose immigration is based on their marriage to a US citizen, but who are clearly in an abusive relationship with their spouse. It seems like for many marriage is a vehicle for obtaining permanent residence and citizenship. It is not. And people should not be surprised when it is brought to their attention.

[Anme 2]

3 hours ago, implife said:

Make sure you don't hurt people. They you will have fewer things to worry about.

 

59 minutes ago, implife said:

Actually, let me elaborate on this a bit more. This forum is teeming with posts and cries for help from people whose immigration is based on their marriage to a US citizen, but who are clearly in an abusive relationship with their spouse. It seems like for many marriage is a vehicle for obtaining permanent residence and citizenship. It is not. And people should not be surprised when it is brought to their attention.

 

I do not hurt people, but sometime bad thing just happens to you. 

 

My husband was drunk when it happened, he was trashing the house and ended up with a small cut on him and called the police stated that I was hurting him.  Police came and talked to both of us, at the end I did not get arrested and the police told me that there will be an incident report but no charge.  I am not here to cry, I am here to seek for advice. I know that I did not marry him for the benefit of living here, I did marry him because I love him and unfortunately things have turned bad.  I have been way passing the eligible time to get citizenship, the reason why I am getting it now is because my life is here, I have been living here more than I have lived in my birth country and I would like to continue to live here.

 

Again, I am here to seek for advice in case anyone has similar experience or know of situation like this.

[implife 318]

25 minutes ago, Anme said:

 

 

I do not hurt people, but sometime bad thing just happens to you. 

 

My husband was drunk when it happened, he was trashing the house and ended up with a small cut on him and called the police stated that I was hurting him.  Police came and talked to both of us, at the end I did not get arrested and the police told me that there will be an incident report but no charge.  I am not here to cry, I am here to seek for advice. I know that I did not marry him for the benefit of living here, I did marry him because I love him and unfortunately things have turned bad.  I have been way passing the eligible time to get citizenship, the reason why I am getting it now is because my life is here, I have been living here more than I have lived in my birth country and I would like to continue to live here.

 

Again, I am here to seek for advice in case anyone has similar experience or know of situation like this.

I wish you luck. Please be careful. Sorry if I offended you.

[lovethemidwest 28]

5 hours ago, implife said:

Make sure you don't hurt people. They you will have fewer things to worry about.

That

[Enigma11561 336]

First things first. Get a copy of the incident report and see what it says. It may say nothing more than an officer was called to an address for a domestic dispute. Do you know how many times cops are called because a nosy neighbor hears a couple fighting? A lot. You may be getting a bit too anxious over nothing.

[Diane and Chris 651]

Stay safe OP and good luck!

[randomstairs 304]

22 hours ago, Chris & Pam said:

Unless you were told you were under arrest, and and your Maranda rights read to you, you are not lying by answering "no" to that question.

This is an urban legend. Miranda rights do NOT have to be read (unless the police wants to present your statements as evidence against you in court). 

 

That said, if one is free to leave then it's not considered detention or arrest.