Road to US Citizenship ... Arrest record with no conviction >

[Turbota 11]

My wife entered the US from the Philippines 3 years ago on an IR-1 visa. She received her green card shortly after her arrival.

It has now been 3 years since she has been here in the US, and now she can apply for citizenship ... but there is a problem!

She was arrested 2 years ago on a misdemeanor charge of battery / domestic violence. She spent about 8 hours in jail and bonded out. Then the charge was dismissed by the judge and obviously, she never had to go to court. Since the charges were dismissed by the judge, she was allowed to have the arrest record expunged here in the state of Florida, which she did.

So, the bottom line is ... she has never been convicted of any crime.

I called Immigration and asked if she needed to state on her N-400 the fact that she had been arrested (even if the record is now expunged / sealed), and was told that she does indeed need to state that she was charged with battery / domestic violence and spent 1 day in jail. They then told me that she needed to attach a certified copy of the court order dropping the case against her of all charges.

Now for the problem ... My wife's attorney does [not] have a copy of the court order signed by the judge which shows the case was dropped. And my wife never got a copy from the court either.

I called the Circuit Court Clerk's office and asked how my wife can get a copy of this document, and they said it was impossible now since the record has been expunged. The clerks office legally has no access to her case because of the expungement.

So .... I guess Immigration will just have to take my wife's word that her case was in-fact dismissed by the court, and she was never convicted of any crime?

My guess is that they won't approve her citizenship because they have no proof that she has not been convicted of a crime.

I think she is now stuck between a rock and a hard place!

Ron,

_____________________________________

BTW ... I talked to another lawyer in my wife's attorneys office today ... And she said since her arrest record has been expunged, there is [no need] to state on the N-400 that she was ever arrested.

I think this is bad advice! And I am thinking that even though her record has been expunged, there will be some way that Immigrations will find out that she was indeed arrested ... and then they now have my wife in a bad situation for lying to them.

At this point .... I don't know what to do

[Hypnos 6,576]

The N-400 instructions clearly state that you must disclose all arrests, detentions, charges, and convictions (amongst other things). You will probably need a letter from the court clerk stating that, since her record has been expunged then it's not possible for them to issue any documentation regarding it. That will probably satisfy USCIS, but you must absolutely declare the arrest.

Edited June 25, 2014 by Hypnos

[jkelly07 120]

don't listen to the second lawyer you will be court in lie then you will never be a citizen don't lie,be sure mention it to the officer. they will most likely investigate it. and your file will be delayed maybe. just tell the truth

[Turbota 11]

Thanks Hypnos ....

I have a feeling that the Court Clerks office isn't going to write any memo or letter explaining that the charge against here were dropped or even state that the record was expunged.

And I also have a feeling that if my wife can't prove that the charge was dropped by the court, she just won't be approved for citizenship.

On the other hand ... If Immigrations does have access to criminal records such as an arrest record, they surely have access to information stating that she was never convicted of any crime.

I am thinking that the only hope she now has of getting her US citizenship is for her to hire an Immigration lawyer (and I am sure that won't be cheap) ... In a case like this, he may not even be able to help her.

_______________________________________

The way I look at it is that the government don't have to prove that my wife was or was not convicted of a crime ... My wife now has to prove to the government that she was [not] convicted of a crime.

And I don't see how she can do anything on her own behalf, now that nobody has access to the court order that dropped the charge against her.

Edited June 25, 2014 by Turbota

[Hypnos 6,576]

If you informed the clerk this was for an official purpose then I can't see why they wouldn't write you such a letter. I would imagine the worst that would happen is that they'd charge you a few dollars for it.

[Buckyball 22]

I'm sure they will write you a short letter.

[BMW4me 12]

there's nothing you have to worry, one of my friend had a silly arrest after a bar incident. got arrested held it overnight at a precinct. yes i think simple misdemeanor assault charges were filed but later dismissed at the first court apparel. the person didn't pursue it i think. lawyer told him to get a disposition from the court, i think it meant ACD or something and she did and sent the papers with the n400 package. all is good, he's been a citizen for many years now.

briefly you must say arrested yes!, convicted no! stay in jail 1 day. disposition i think you get from the court, it should be pretty simple. if for some reason you can't get it then state on a seperate piece of paper that you can't get it, but clearly state what charges were filed against her etc.

[Gemma&Kris2019NYC 1]

I came in on a K1 and have my AOS pending: My wife and I were assaulted by two people and I was charged as a cross complaint because one arrested implied I hurt them, without evidence In NYC. I had to disclose my arrest but selected NO as to whether I’d ever been convicted. I submitted all discovery from the DA with my AOS filing and a letter from my attorney with up to date details as to what was being discussed re: potential dismissal at the time. 
 

The case against me was dismissed and ruled sealed and the other two people charged as of last week. 
 

I was advised to go to court and request a Final disposition of the case which shows all charges against me were dismissed and I was not charged. Only the defendant can pick this up. Hence you would not be able to. In their eyes, to you the case is Non-existent. My attorney advised me ONLY I CAN COLLECT THIS AFTER SHOWING ID. If your wife goes to the court clerks office in the court she will be able to get a print out free of charge for the dismissal without issue. You cannot get it for her. Legally only she can.

 

she must go to court and request a copy of the “final disposition” of the case. It’s a court certified document and it’s required for all arrests that Are dismissed in order to confirm this to uscis. I called an immigration attorney and uscis to ask, and that was the advice from both and it’s clearly stated online in the requirements regarding arrests and court details. 
 

i hope this helps. 

Edited January 13, 2020 by Gemma&Kris2019NYC

[Ontarkie 14,229]

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