Citizenship but arrest on my record

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.

Houston, TX -

Attorney Answers (4)

Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
Answered

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.

Myron Russell Morales

Myron Russell Morales

Immigration Attorney - Houston, TX
Answered

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.

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Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Immigration Attorney - Worcester, MA
Answered

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.

Eric Elliot Ludin

Eric Elliot Ludin

Immigration Attorney - Saint Petersburg, FL
Answered

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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