N-400 Good Moral Character Q.15

[peltruquin 0]

Back in 2002 i was accused by my ex-girlfriend at school of having sexual intercourse while being intoxicated with alcohol.

I was found guilty of having sexual intercourse with someone under the effects of alcohol by the school committee and I was banned from school and not allowed to apply for admission since I was an ESL student. No Charges were ever made against me with the police or any law enforcement.

When I applied for my Green Card(Change of Status I-485) I never mentioned this episode of my life to the officer in the interview, and everything was ok.

Should I mention this on my N-400 on Question 15, where is asks if Have you ever committed a crime or offense for which you were not arrested?

[Sweetcheeksss 91]

Usually, when dealing with a federal entity, honesty is always the best policy. At least, that's my opinion.

Good luck with everything!

[Brother Hesekiel 2,236]

I once met this dude.

Back in the early 1970s, he drank a beer while being under 21. In the late 1970s, he was speeding on the freeway, but never pulled over. Sometime in the 1980s, he overlooked a STOP sign but nobody noticed. In early 1990, he was trying out pot but hated it.

Now, in 2010, he is wondering if he should tell these things -- all of which are offenses that have never have come to the light of day -- to USCIS so that they can deny his application of citizenship. What do you think?

[NickD 203]

A rather complex question for this board and certainly not providing all the details, especially since the OP states no charges were made. In the state of Wisconsin, rape is considered sexual assault:

"Any charge involving sexual contact or sexual assault is a serious one, with possible long-term life-altering consequences, including the possibility of jail, if not prison, as well as fines, restitution and strict supervision on “sex offender probation” with severe restrictions on such things as employment, residence, and lifestyle. Charges for a sex crime often bring notable stigma, embarrassment and humiliation. Additionally, Wisconsin circuit courts often order a person convicted of a even a misdemeanor sex crime to register as a sex offender for another fifteen years following the end of a jail or probation sentence. These ongoing effects can be devastating to one's family, career, and financial security. '

Rape can be just one persons word against another, or the rapist could have been caught in the act, sounds like more of the former is this case, but in no position to judge. Just limiting the consequences of "Have you ever committed a crime or offense for which you were not arrested?", if the USCIS learns about this, you lied on your application, and is means to be deported. But this also has to be proved in a court of law.

[peltruquin 0]

When the school board gave the veredict after the hearing they stated that I was guilty of having sexual intercourse with a person under the influence of alcohol, but they never mentioned the word "Rape".

Not trying to defend my self for what I did, but this was a couple of drinks and things happened situation. Nothing like she was totally wasted or unconcious and I abussed her.

Police was not involved on this at all, I just had a school hearing.

Just wondering if I put this in my N-400, will it be a ground to deny my naturalization application? or since no charges where ever made I should be fine?

[Kathryn41 3,205]

Is having sexual intercourse while under the influence/with someone under the influence of alcohol a crime or an offense in your state or Federally? Is this a school ruling or an actual State or Federal offense? That might be the determining factor. You might want to have a consultation with a lawyer to find out exactly where you stand with this.

[NickD 203]

Back in 2002 i was accused by my ex-girlfriend at school of having sexual intercourse while being intoxicated with alcohol.

Sure can be interpreted as rape, was just pointing that out and can get messy, really don't know if this was done when you were a minor and perhaps an injustice occurred by having you banned from school. Are we talking high school? If they banned kids today from having sexual intercourse, the schools would be empty. I really don't want to get involved with your circumstances nor personal life, and really no need to reply, or why formal charges were not applied, just pointing out the consequences. Some explaining is necessary, and can only advise contacting an attorney. Perhaps you should have gotten the advice of an attorney back in 2002.

I don't know your state laws, in my state, even if a guy one day over 18 has consenting sexual relations with a girl one day under 18, it is considered statutory rape. The high schools don't handle stuff like this if reported, but call in social services and the police. That's in high school, college is entirely different as most kids are considered adults.

Just saying its too complicated of an issue for this board, way too many unknown details with risks of being deported if this is not properly explained and the USCIS somehow learns later about this incident. Latter may never happen, but it is a risk. Have to leave it like this.

[peltruquin 0]

Thanks for your replies guys, yeah it was in college and we both were adults.

But yeah I guess this topic is too complex for this forum, I'll better go and ask a lawyer to be on the safe side.

Thanks again

[john_and_marlene 162]

I once met this dude.

Back in the early 1970s, he drank a beer while being under 21.

In the early 1970s, the drinking age was 18 in most states.

[imailin 0]

Is having sexual intercourse while under the influence/with someone under the influence of alcohol a crime or an offense in your state or Federally? Is this a school ruling or an actual State or Federal offense? That might be the determining factor. You might want to have a consultation with a lawyer to find out exactly where you stand with this.

I have to agree with Kathryn41 and Just BOb. Its a difficult situation, which maybe just by saying something that will never we found it will complicate things and maybe a denial of citizenship... on the other hand yes its true you have to say the truth,. get some advise from a lawyer... your best bet!