Arrested for DV but case closed with no charges; how this would impact my citizenship application.

[Mniko2000 0]

I’m living in WA state. I filled N-400 in May but I was arrested for DV-assult4 one month before my naturalization interview (September). My criminal attorney was able to get an email from the Prosecutor indicating that they will declining to move forward with my case and the court records shows my case is dismissed with no charges. I went to interview and disclosed the arrest and provided all these documents to the officer as well as a declaration letter from my spouse asserting that the incident happened between us was misunderstanding and not an assault.

I’m worried since the case is dismissed without prejudiced and I don’t know if USCIS deny my application because of that. 

I’m waiting for USCIS decision, but wanted to know if anyone living in the state of Washington and been in the same situation before?  Would my application be denied?

I appreciate any insight. 

 

Edited November 4, 2022 by Mniko2000

[Mike E 11,723]

I expect an RFE requesting something with a raised and/or wet seal from the clerk of court or the prosecutor’s office saying the charge was dismissed. 

[powerpuff 5,919]

~~ Topic moved from General Immigration discussion to US Citizenship general discussion as the question is about N-400 ~~

[da95826 387]

9 hours ago, Mniko2000 said:

Would my application be denied?

I don't think so, I expect your n400 will be approved. You provided your court disposition of your case dismissal and you provided additional information.

You may need to provide more information through an RFE.

Mostly I think your approval will be delayed as the field office supervisor will need to sign off on your case.

 

If your case is not decided after 120 days you can consider filing a de novo review court case since you have had your n400 interview. You would take your case to a immigration judge who can issue your citizenship.

[Family 3,525]

3 minutes ago, da95826 said:

your case is not decided after 120 days you can consider filing a de novo review court case since you have had your n400 interview. You would take your case to a immigration judge who can issue your citizenship.

Please elaborate….am not quite following what/where of this. Thank you 

[da95826 387]

12 minutes ago, Family said:

Please elaborate….am not quite following what/where of this.

With naturalization cases you can get a federal judge to review your case and they can approve it. This type of civil court case is called a de novo review. 

You would need to hire a lawyer and file a case with the correct court. It is the administrative appeal for naturalization cases. It is different from a mandamus case which simply forces USCIS or the State Department to make a decision on a immigration case.

[Family 3,525]

11 hours ago, da95826 said:

With naturalization cases you can get a federal judge to review your case and they can approve it. This type of civil court case is called a de novo review. 

You would need to hire a lawyer and file a case with the correct court. It is the administrative appeal for naturalization cases. It is different from a mandamus case which simply forces USCIS or the State Department to make a decision on a immigration case.

Delayed adjudication won’t catapult OP to sue . What you are suggesting can only happen IF there is a denial AND he first files N-336 AND that is also denied…then he may seek judicial review. …not for delay and not before he exhausts N-336. 
 

But OP must await a decision, but looks good for approval even if they pester him for additional records ( unlikely and should definitely refuse to provide copy of arrest report even if they ask…since there is no conviction. 

 

https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-6

Judicial Review

A naturalization applicant may request judicial review before a United States district court of his or her denied naturalization application after USCIS issues the decision following the hearing with a USCIS officer. ^[17] The applicant must file the request before the United States District Court having jurisdiction over the applicant’s place of residence. The district court reviews the case de novo and makes its own findings of fact and conclusions of law.

[Mike E 11,723]

@Family there is at least one law firm that disagrees with you. This firm periodically  posts to Reddit and has says a lot credible stuff. 

[da95826 387]

18 hours ago, Family said:

Delayed adjudication won’t catapult OP to sue

Not sure if it is true or not I do believe that once the n400 interview has taken place a de novo review can happen. If the OP finds themself awaiting a decision six months or a year after the interview they should consult with a lawyer for their legal options to take the n400 case to court for either a de novo or a mandamus.

Hopefully the OPs case will be approved after a reasonable period of time of review by USCIS. Cases like this can have excessive delays with USCIS unable to make a decision with cases stuck in background checks or investigation.

[mc22 0]

Any progress on your case?