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Orlando, FL |

When we had an argument my wife called the police. there was no arrest or other criminal proceeding. But the officer told us he would refer it to the state attorney's office. Later the state attorney's office called my wife and told her that they decided not to proceed or charge. I was not received any kind of info on it. Now i am going for my citizenship interview. I checked with the courts records office to get a proof that there was no charge filed. they said they can give a copy only if it was filed, mine was not even filed. I have only the police report with me. Is that enough.? my question is where can I get a letter from stating there was nothing against me.


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Attorney answers 4


From State Attorney's Office.
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
Atrium Centre
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


I agree with my colleague. You can request the letter from the State's Attorney office. You can also consult an immigration attorney who may assist you in obtaining a record of the arrest and disposition and further evaluate your naturalization case for any other issues.


I agree with my colleagues.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


Since you have already filed, and this arrest is a current event, you need to supplement your file with the USCIS as soon as possible. If you will remember on the N-400 it asked if you have ever been arrested. You have now been arrested - though not charged by the State. You need to supplement what you have filed with the additional evidence including the police report and a certified statement from the the State Attorney - filing - that they did not and will not file charges against you.

In the event that you are naturalizing through your marriage, the adjudicating officer may have additonal questions regarding the event and the stability of your marriage.

Also, any type of admission on your part that may be stated in the police report or else where in the record can be considered as an action that disqualifies you on the grounds of failure to meet the good moral character. When dealig with the USCIS a cnviction is not required for the adjudicating officer to make this finding.

I strongly suggest you work with an experienced immigration attorney who can prepare your file, assist you in preperation for your NATZ interview and attend the interview with you.

My office is located across the street from the USCIS in Jacksonville. I can assist you if you wish. Call my office between 8:30 A.M. and 5:00 P.M. Monday through Friday to schedule a consultation.

Kyndra L. Mulder, Esquire
The Mulder Law Office, P.A.
4110 Southpoint Boulevard
Suite 101
Jacksonville, Florida 32216

telephone: (904) 296-7702
fax: (904) 281 -9108

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