Arrest and preparing for N400 now

[soundedguy 8]

I have posted earlier about my arrest and thought I should paste what I would submit on the cover letter. I'm getting myself very prepared ahead since it's not the ordinary petition but one that involves an arrest.

Cover Letter For My Arrest.

On the 10th of October 2012, I was arrested after my wife called the police on me after an arguement over her gambling problem and leaving us in big debt. I have just lost my job few days ago working at AT&T and was in one of my classes at Keiths Community College when she was gambling and had overdrafted our joint checking account and had us in debt for $1829 on 10/03/2012. With alot bills over due for payment, I asked her how we would be paying the bill and she started yelling loudly and we had some arguements. I went back to the bedroom where I was working on my assignments and heard people knocking on the door. I went to the door and it was the police that my wife had called that I pulled her hair. I told the officer I didn't pull her hair but we had an argument due to over due bills and how to pay them back including the $1829 overdrafted at Chase bank. I have included statement of our account highlighting the overdraft areas. He insisted he had to make an arrest and it doesn't matter if I pulled her hair or not. To my wife surprise, I was being handcuffed and was taken to jail. She started crying knowing her real intention was for the police to talk to me on her behalf because I have had sleepless night for days worrying on how to pay the bills.

I was very sad and felt very humiliated but did alot of prayer. My wife came and bonded me after borrowing from a payday loan and I was scheduled for court on December 5th. She had apologized to me and promised to take gambling counseling which she did and we both took a 2hr marriage counseling/anger management class (attached in my application) before the court. I explained the incident to the DA and told her I don't have an anger problem and never would pull any woman's hair and she found me very trustworthy and asked us to pay a court fee of $350 and she would dismissed the case and would use our 2hr marriage counselling/anger management as a Pretrial Diversion Program. That was my first time hearing of the program and asked her if it meant I was not agreeing on the accusation also explaining to her that I will be applying for citizenship soon so I can join the USA Airforce which she replied no and gave me a document(also attached) saying no charges were filed against me. She assured me it's the best way of dismissing the case so we don't have to go before court and go back to our normal life activities. I nor my wife wasn't put on any probation or any services. Luckily, my arrest has done us good that my wife haven't gambled ever since then and we have been able to start saving money and have been living happily ever since then. The arrest costed us alot of money but have rescued my wife from gambling which I am very happy about. My wife, sister inlaws, current/ex coworkers, school instructors can also testify on my behalf as a man with no anger problem if needed. Please kindly accept this explanation and approve my application for citizenship.

Thank You.

[Brother Hesekiel 2,236]

The cover letter is completely irrelevant and useless. You will state in the N-400 that you have been arrested , charged, and that the case was ultimately dismissed. You will provide the court papers and when you are in the hot chair and the I.O. asks you about this, and he will, then you can give a short account of what happened. That's it.

P.S.

There are a lot of typos in your letter

[soundedguy 8]

Appreciate it. The DA said they didn't file any charge so do I put on the application that I was charged or not? What are your guess on the outcome?

[BigDaddy28 228]

Appreciate it. The DA said they didn't file any charge so do I put on the application that I was charged or not? What are your guess on the outcome?

best shot is to get your record from the court. It will tell you exactly that it was dismissed. You will need to send a copy with the application and keep the original court record for interview day. In the cover letter just mention what you sent and appreciate that they looked to the matter, don't ask them to approve they will do it whenever you pass your test which you will. Good luck.

[soundedguy 8]

There is no record from the court because the case didn't get to court. It was between us and the DA. The court don't have my name on their system they said because no charges were charged by the DA. The pretrial was what was asked for and no charges were filed and didn't make it to court. I have the document from the DA office saying no charges were filed. I'm in the process of expunging the arrest or should I wait till after my citizenship to expunge the arrest?

[Kathryn41 3,205]

Answer yes to the relevant questions on the form and then include the letter from the DA saying that there are no charges. It is irrelevant whether you get the record expunged before or after applying for citizenship since you still have to disclose any involvement with legal authorities/police/courts even if they are expunged. I wouldn't include a cover letter either since you were not charged. Just make sure that you do answer the questions asking if you were ever arrested, stopped, fined, charged, etc. - you can even underline the appropriate word in the list of options - and include the letter saying that there were no charges. You may be asked some questions about it by the interviewer but under the circumstances, it shouldn't cause you any problems. Good luck.

[soundedguy 8]

Answer yes to the relevant questions on the form and then include the letter from the DA saying that there are no charges. It is irrelevant whether you get the record expunged before or after applying for citizenship since you still have to disclose any involvement with legal authorities/police/courts even if they are expunged. I wouldn't include a cover letter either since you were not charged. Just make sure that you do answer the questions asking if you were ever arrested, stopped, fined, charged, etc. - you can even underline the appropriate word in the list of options - and include the letter saying that there were no charges. You may be asked some questions about it by the interviewer but under the circumstances, it shouldn't cause you any problems. Good luck.

Thank you for responding and wouldn't include the cover letter. Meanwhile, kindly look at an edited version of the document given to me by the DA. I know I should be calmed and relaxed but still nervous a lot. Take a look pls.

Edited December 26, 2012 by soundedguy

[Kathryn41 3,205]

I would say that the letter is very clear in its details. It includes the arrest date and a definite statement that there were no charges filed. It will support what you answer on the petition. I would send a copy in with the petition, and bring the original to the interview.

You can expect some questions during the interview, so be prepared to explain what happened and that everything started because your wife, upset by the argument, called the police to get their support in winning the argument, that she then falsely claimed you had pulled her hair because she was angry, and did not realize the consequences of that false statement. If you wish and she is agreeable, you can ask your wife to write a letter addressed to USCIS, stating that she told the police that you had pulled her hair when you had not because she was mad at you, and that she is sorry she did this. Have her sign the letter in front of a notary public. (Most UPS stores and banks have Notary Publics on staff - the fee is about $5 to $8 dollars for the stamp). You could bring that letter with you to the interview as it provides further information about why no charges were made. There would be no repercussions on her for writing this and it may help you at the interview. If your wife is willing to join you at the interview, she can wait in the waiting room and if the interviewing officer wishes to speak with her, she would be available to corroborate your explanation. It may be enough for the Interviewing officer just to know that she is present and available for information.

I can appreciate you are concerned, but I think you should be fine.

Good luck.

Edited December 26, 2012 by Kathryn41

[soundedguy 8]

I would say that the letter is very clear in its details. It includes the arrest date and a definite statement that there were no charges filed. It will support what you answer on the petition. I would send a copy in with the petition, and bring the original to the interview.

You can expect some questions during the interview, so be prepared to explain what happened and that everything started because your wife, upset by the argument, called the police to get their support in winning the argument, that she then falsely claimed you had pulled her hair because she was angry, and did not realize the consequences of that false statement. If you wish and she is agreeable, you can ask your wife to write a letter addressed to USCIS, stating that she told the police that you had pulled her hair when you had not because she was mad at you, and that she is sorry she did this. Have her sign the letter in front of a notary public. (Most UPS stores and banks have Notary Publics on staff - the fee is about $5 to $8 dollars for the stamp). You could bring that letter with you to the interview as it provides further information about why no charges were made. There would be no repercussions on her for writing this and it may help you at the interview. If your wife is willing to join you at the interview, she can wait in the waiting room and if the interviewing officer wishes to speak with her, she would be available to corroborate your explanation. It may be enough for the Interviewing officer just to know that she is present and available for information.

I can appreciate you are concerned, but I think you should be fine.

Good luck.

You could actually be a legal representative on immigration lol. I never thought about her writing a letter and notarize it but it sounds very good. She would be very happy to do that if I need her to. I will let her do that when the time comes. I thought about hiring an immigration attorney but wouldn't need to after reading your response. I really thank and appreciate your response.

[sasaqlain 24]

I concur with kathryn41's response. Your explanation letter has no value at this point. Answer the questions in the N400 form and attach the DA's letter. Bring the original to the interview. If your wife is present, it would definitely help you, even though the IO may never want to question her directly. I believe at this point, you are on the safer side. Good luck! And don't waste money on lawyers.

[califa 0]

you going to need a case disposition and police report.

[soundedguy 8]

Thank you Kathryn41, PathaN and Califa for all your helpful replies. I have made extra copies of the document from the DA, the marriage counseling class and will include them on my application. I will also be including any paperwork showing the expungement of the arrest. We have done the letter from her saying it was a false arrest and will also be coming with my at the interview. I have done a lot of reason and seen this "Pre-trial diversion programs where the alien does not have to admit guilt and where the case is ultimately dismissed does not constitute a conviction for immigration purposes". My Pretrial case is a DA pretrial since no charges were filed. I will be very prepared to explain to the IO when the time comes. Still worried and can't really wait for the time to file. Does my case constitute inadmission into the country if I happen to travel out of the country?