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Citizenship but arrest on my record

Houston, TX |

I am about to send me my N-400 application in a few days. I was arrested in January 2012 with domestic violence battery but no charges were filed. I have a certified document from DA which confirms that, the court has no record on my name and my arrest has been expunged. I will include the document with my application. How unlikely is my approval? I go to school since 2009 and pay taxes.

Attorney Answers 4

  1. If your record is otherwise clean, the interviewing officer can exercise discretion to find that you otherwise have good moral character. There is no guarantee, so you should be ready to discuss how your actions did not fit the elements of the domestic violence statute under which you were arrested.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

  2. You may be able to establish good moral character despite the arrest. An arrest does not necessarily bar a person from establishing good moral character especially when the case was not prosecuted. However, you need to be prepared to answer questions about what happen. An admission to committing the crime is treated the same as if you were convicted. I would encourage you to retain an attorney to represent you in this matter.

  3. It is highly unlikely that it will affect your N-400 since no charges were filed but, at your interview the officer may still ask you about the domestic violence incident. Just be prepared to explain if that happens.

  4. I agree with my colleagues. I am glad that you are including the document with your application. I wish you the best of luck!

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