Need help on answering D part Question

[Junself 0]

Hi, I entered the US in 1/1998, I was arrested by police and released by parents at the same day in 1/1999. ( I was 17 years old when arrested)

I remember I was attented a four hours course after this issue in a city college. However, I lost the document because it had been long time ago.

I applied my citizenship in 2003 and went to interview in 3/2004. I answered "NO" to the question: I have never been arrest.........."

The INS angent went over all the questions with me and I also passed the US history.

At the end, the INS agent wanted me to wrote down a sentence: "I have never been arrest in any situation."

After three weeks, I received a letter with this sentence on it, which denied my application.

I am trying to apply my citizenship today again, but I need helps on how to answer this part and how to write the explaination.

15. Have you ever been arrested, cited, or detained by any law enforcement officer? I answered yes this time.

19. Have you ever been placed in an altenative sentencing or rehabilitative program ( for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

23. Have you ever given fasles or misleading information to any U.S. Government official while applying for any immigration benefit or to prevent deportation, exclusion, or removal?

Thank You very much!!

[Junself 0]

Hi, I entered the US in 1/1998, I was arrested by police and released by parents at the same day in 1/1999. ( I was 17 years old when arrested)

I remember I was attented a four hours course after this issue in a city college. However, I lost the document because it had been long time ago.

I applied my citizenship in 2003 and went to interview in 3/2004. I answered "NO" to the question: I have never been arrest.........."

The INS angent went over all the questions with me and I also passed the US history.

At the end, the INS agent wanted me to wrote down a sentence: "I have never been arrest in any situation."

After three weeks, I received a letter with this sentence on it, which denied my application.

I am trying to apply my citizenship today again, but I need helps on how to answer this part and how to write the explaination.

15. Have you ever been arrested, cited, or detained by any law enforcement officer? I answered yes this time.

19. Have you ever been placed in an altenative sentencing or rehabilitative program ( for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

23. Have you ever given fasles or misleading information to any U.S. Government official while applying for any immigration benefit or to prevent deportation, exclusion, or removal?

Thank You very much!!

P.S. ******In 2004, I couldn't find any records from any courts about my case, and I didnt go to any courts at that time.

I went to Department of Justice and ran out a report, it displayes my case and result in a released by parents.

[Joker69 10]

YOU SHOULD BE OK JUST ANSWER NO OR YES 15 NO BIGGIE...YOU WERE A MINOR PLUS YOU WERE NOT EVEN BOOK FOR CHARGES ....I GOT 10 CASES IN 5 DIFFERENT COUNTY THAT I HAVE TO GET CERTIFIED COURT DISPOSITION ...

P.S. ******In 2004, I couldn't find any records from any courts about my case, and I didnt go to any courts at that time.

I went to Department of Justice and ran out a report, it displayes my case and result in a released by parents.

[Junself 0]

YOU SHOULD BE OK JUST ANSWER NO OR YES 15 NO BIGGIE...YOU WERE A MINOR PLUS YOU WERE NOT EVEN BOOK FOR CHARGES ....I GOT 10 CASES IN 5 DIFFERENT COUNTY THAT I HAVE TO GET CERTIFIED COURT DISPOSITION ...

Oh, I answered no to question 15 when I first applied for citizenship, INS denied my application because they said I didnt tell the truth, I should answer yes lol!

[Zen Den 18]

Oh, I answered no to question 15 when I first applied for citizenship, INS denied my application because they said I didnt tell the truth, I should answer yes lol!

yes you should answer YES if it's true. it's very simple really, when they ask the questions, it's not just because they have to go through to each one. it's to catch you in a lie.

when you're scheduled for an interview, it means they have already done a thorough investigation on you and all your papers from day 1 of you being here in the US and if they have seen unclear or dubious info, especially in your most recent application, the interview is their chance to see if you will stand by what you're saying, vs what they found ex from the FBI.

so just be truthful and say i did have an arrest when i was a minor and i tried to get a record of that but they said it's no longer in archive whatever =)

[Joker69 10]

In my case i send my N-400 with my criminal history do i still need to get all my court disposition? did my finger print...now I'm just wating for my interview ...

yes you should answer YES if it's true. it's very simple really, when they ask the questions, it's not just because they have to go through to each one. it's to catch you in a lie.

when you're scheduled for an interview, it means they have already done a thorough investigation on you and all your papers from day 1 of you being here in the US and if they have seen unclear or dubious info, especially in your most recent application, the interview is their chance to see if you will stand by what you're saying, vs what they found ex from the FBI.

so just be truthful and say i did have an arrest when i was a minor and i tried to get a record of that but they said it's no longer in archive whatever =)

Edited December 3, 2011 by Joker69

[ConcordUser 18]

In my case i send my N-400 with my criminal history do i still need to get all my court disposition? did my finger print...now I'm just wating for my interview ...

I am not a lawyer so I can not advice you. But from what I read on the forum and other forums, you should submit a court ceritified disposition or court certified letter stating the record not found. My advice, send out a letter to all the courts where you have a conviction or arrest record and ask them to send you a court certfied disposition. If they can find it they will send it, if they can not find it then they will try to send you a record not found letter. Which ever you get, at least you have done your best to get the required documents. Also some times they might send you a letter before the interview asking you to submit the required documents. Each case is different and in my openion at least send out letters to each court and ask them. If you do not get any reply back from courts before you go to interview, you can at least show IO that you have sent the letters and you are doing your best. If they have sent you an interview letter, I am sure they have done the background check and found the information from FBI report. Just be safe and do you home work. I know how frustrating this can be to go through the steps. For many of them records could sealed or annulled. I heard if required USCIS has the power and means to open the annulled / expunged / sealed records. I would say be honest and truthful on your answers in ther interview. Conviction might not actually stop one from becoming a citizen, but not being truthful on the application and interview can definitely a reason to deny the application.

[Joker69 10]

Man i really appreciated everything you just wrote it mean alot...i feel the same way reading throught all the forums about geting all certified disposition this week i mail a few letter to get my court disposition in other county that i had convicted and beat a case so I'm hoping to get them next week ..them i'm goin to all the diffent court to get all the rest of court disposition... I'm geting everything ready so when i get my letter for interview I'll be ready with all my evidence...my last arrest was from 2005 so i hope to have enougt moral character...and I'm not really scared its what its the past is the past we on the furure now...let's thing it can happen is to get deny but I'm verry positive person so hope to be alright.. thats gonna be the happiest day of my LIfe if I PASSED THE INTERVIEW

I am not a lawyer so I can not advice you. But from what I read on the forum and other forums, you should submit a court ceritified disposition or court certified letter stating the record not found. My advice, send out a letter to all the courts where you have a conviction or arrest record and ask them to send you a court certfied disposition. If they can find it they will send it, if they can not find it then they will try to send you a record not found letter. Which ever you get, at least you have done your best to get the required documents. Also some times they might send you a letter before the interview asking you to submit the required documents. Each case is different and in my openion at least send out letters to each court and ask them. If you do not get any reply back from courts before you go to interview, you can at least show IO that you have sent the letters and you are doing your best. If they have sent you an interview letter, I am sure they have done the background check and found the information from FBI report. Just be safe and do you home work. I know how frustrating this can be to go through the steps. For many of them records could sealed or annulled. I heard if required USCIS has the power and means to open the annulled / expunged / sealed records. I would say be honest and truthful on your answers in ther interview. Conviction might not actually stop one from becoming a citizen, but not being truthful on the application and interview can definitely a reason to deny the application.

Edited December 3, 2011 by Joker69

[ConcordUser 18]

Man i really appreciated everything you just wrote it mean alot...i feel the same way reading throught all the forums about geting all certified disposition this week i mail a few letter to get my court disposition in other county that i had convicted and beat a case so I'm hoping to get them next week ..them i'm goin to all the diffent court to get all the rest of court disposition... I'm geting everything ready so when i get my letter for interview I'll be ready with all my evidence...my last arrest was from 2005 so i hope to have enougt moral character...and I'm not really scared its what its the past is the past we on the furure now...let's thing it can happen is to get deny but I'm verry positive person so hope to be alright.. thats gonna be the happiest day of my LIfe if I PASSED THE INTERVIEW

I am sure, you'll make it. Good Luck. What happend in the past is what happend in the past. We can not change the past but learn from mistakes and not repeat them again. All we can do is be honest about things and explain the situation. I wish you the very best. Happy Holidays and Prosperous New Year.

[Junself 0]

I really hope someone can give me an idea for how to write the explanation regarding my previous post! I didn't answer yes to the question which I was arrested before! For the second time applying the citizenship, I have to explain the reason why I gave false information to INS!

At that time, I searched all type of courts with certificates which shows NO records! So I believed it had cleared! How can I write this explanation!?

[Inky 1,111]

Explain it the same way you just did here? that you couldn't find record when you searched and thought you had been cleared?

[Penguin_ie 5,997]

***** Two topics on the same issue merged. Please do not start more than one topic on a question. Instead, ask follow up questions in this thread *****