Domestic Assault - No Arrest/Charge - N400

[Enreg 0]

I had incident last year when I had heated argument with my wife. She called the police and we both were placed on 72 hour hold and sent to hospitals for mental evaluation. She got release in next hour and I got discharged on next day. After pulling up the incident report from police department, the report states "Officers unable to substantiate any charges..". I got my criminal background check from BCA, which states "No record found", and got letter from district attorney stating "Prosecution declined".

 

I filled my N400 application 3 months back, attended the interview, during which I disclosed the case and my case status is still "Interview Scheduled", waiting fir decision.

 

Will I be declined or deported ?

[OldUser 7,236]

N-400 was a bad idea given you had this issue. If you filed under 3 year rule, I don't see you can prove bonafide marriage with this incident... If filed based on marriage, did your spouse attend? How did interview go? Did you have a lawyer there? I wouldn't go without one...

 

If you filed under 5 year rule, I'd think this affects your moral character.

 

Unless you were charged, I don't believe you'd be deported. I don't see a legal basis. But I'd consult with a lawyer.

Edited Wednesday at 05:15 PM by OldUser

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7 minutes ago, OldUser said:

N-400 was a bad idea given you had this issue. If you filed under 3 year rule, I don't see you can prove bonafide marriage with this incident... If filed based on marriage, did your spouse attend? How did interview go? Did you have a lawyer there? I wouldn't go without one...

 

If you filed under 5 year rule, I'd think this affects your moral character.

 

Unless you were charged, I don't believe you'd be deported. I don't see a legal basis. But I'd consult with a lawyer.

 

I filled on employment based. My wife did attended interview and she got approved. Ee had interview next to each other (30 mins apart). Yes, we both had lawyer in interview.

[Family 4,136]

You will be fine. Even if you face delays, stick to your guns.
There was no conviction , great job on getting all records together. Kudos for DA “no charges filed” letter.

 

[OldUser 7,236]

1 hour ago, Enreg said:

 

I filled on employment based. My wife did attended interview and she got approved. Ee had interview next to each other (30 mins apart). Yes, we both had lawyer in interview.

What do you mean by employment based? There's general provision (5 years), marriage (3 years) and military for N-400.

Edited Wednesday at 07:07 PM by OldUser

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57 minutes ago, OldUser said:

What do you mean by employment based? There's general provision (5 years), marriage (3 years) and military for N-400.

 

I mean general provision (5 years)