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  • Naturalization

    seven years ago, I was arrested for domestic violence after my wife unrightly called 911. Case was dismissed and sealed. I'm intending to apply for naturalization this spring and I have the following questions:

    1- For the question: Why were you arrested, cited, detained, or charged?
    To be politically and legally correct, what is the right answer in my case. Is it a 911 call by my wife or domestic violence?

    2- Have you ever been in Jail or prison?
    Is there a legal terminology here? I was detained over night in a detention center and released the very next day. Was I in jail or prison?

    3. The N-400 form requires to attach a written explanation, detailing what happened (reason for arrest). Do I have to go into the minute details of what happened? How many lines this explanation entails? The whole thing was unbased and untrue and my wife regretted calling 911, so what do I write?

  • #2
    seven years ago, I was arrested for domestic violence after my wife unrightly called 911. Case was dismissed and sealed. I'm intending to apply for naturalization this spring and I have the following questions:

    1- For the question: Why were you arrested, cited, detained, or charged?
    To be politically and legally correct, what is the right answer in my case. Is it a 911 call by my wife or domestic violence?

    2- Have you ever been in Jail or prison?
    Is there a legal terminology here? I was detained over night in a detention center and released the very next day. Was I in jail or prison?

    3. The N-400 form requires to attach a written explanation, detailing what happened (reason for arrest). Do I have to go into the minute details of what happened? How many lines this explanation entails? The whole thing was unbased and untrue and my wife regretted calling 911, so what do I write?

    Comment


    • #3
      1. yes (you were cited)
      2. yes, (you were detained probably in a county jail)
      3. yes. Provide a brief explanation and why the case was dismissed (such as lack of grounds for the charge).<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bouree:
      seven years ago, I was arrested for domestic violence after my wife unrightly called 911. Case was dismissed and sealed. I'm intending to apply for naturalization this spring and I have the following questions:

      1- For the question: Why were you arrested, cited, detained, or charged?
      To be politically and legally correct, what is the right answer in my case. Is it a 911 call by my wife or domestic violence?

      2- Have you ever been in Jail or prison?
      Is there a legal terminology here? I was detained over night in a detention center and released the very next day. Was I in jail or prison?

      3. The N-400 form requires to attach a written explanation, detailing what happened (reason for arrest). Do I have to go into the minute details of what happened? How many lines this explanation entails? The whole thing was unbased and untrue and my wife regretted calling 911, so what do I write? </div></BLOCKQUOTE>

      Comment


      • #4
        Geez guys! Some modesty please!!
        I realize I'm asking simple questions, but could someone respond?

        Swissnut!
        Thanks for your response but could provide more details.

        Comment


        • #5
          Swissnut,
          Thanks for your reponse. Could you elaborate a little bit. You mentioned that a Detention Center and a jail/prison is one and the same thing. Right?

          You said I was cited. Actually I was arrested overnight. I guess I'm not sure what's the difference between citation and arrest.

          How would I know why it was dismissed. The disposition doesn't mention why it was dismissed. My wife didn't press any charges.

          Comment


          • #6
            Swissnut,
            Since you liked my expression on the Bikini, could yoy please elaborate a little bit on my questions. Thanks!

            Comment


            • #7
              1. You were most likely held in a county detention center (also known affectionately as county jail)

              2. You were arrested and held and later released

              3. Simply state that no charges were filed, or that charges were dropped by your wife, after she regretted involving the police in the incident<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bouree:
              Swissnut,
              Thanks for your reponse. Could you elaborate a little bit. You mentioned that a Detention Center and a jail/prison is one and the same thing. Right?

              You said I was cited. Actually I was arrested overnight. I guess I'm not sure what's the difference between citation and arrest.

              How would I know why it was dismissed. The disposition doesn't mention why it was dismissed. My wife didn't press any charges. </div></BLOCKQUOTE>

              Comment


              • #8
                Thank you swissnut. My wife didn't press charges but what about the police don't they file charges too?

                Comment


                • #9
                  According to your initial post, the case was dismissed. <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bouree:
                  Thank you swissnut. My wife didn't press charges but what about the police don't they file charges too? </div></BLOCKQUOTE>

                  Comment


                  • #10
                    Now I'm really confused.
                    My case was dismissed but the night of the arrest the ticket said arrested for harrassment / domestic violance.

                    So what should I reply as to the outcome of the arrest: no charges filed or charges dismissed??

                    Comment


                    • #11
                      Bouree,

                      I am not intending to confuse you. But I am trying to piece together the information that you have shared. What I do believe is that you were arrested. That is a fact. Normally, civilians are not arrested unless there is reason to believe the individual violated a law or another person. In your case, you wife called the police reporting domestic violence. The police took you into custody, because they must ensure that no one is in harm's way. However, it is my opinon that unless they witnessed the event, or others did, they could not charge you without the co-operation of the victim, your wife. Note that I am not stating that you did something, I am simply using these terms to make the explanation clear.

                      Now, following that night, if your wife decided not to follow through on her complaint, and press charges, most likely the courts would have little to go on and therefore decided to dismiss the case.

                      I wasn't there that night. You were. Can't you recall what you were advised when the police took you to the jail?

                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bouree:
                      Now I'm really confused.
                      My case was dismissed but the night of the arrest the ticket said arrested for harrassment / domestic violance.

                      So what should I reply as to the outcome of the arrest: no charges filed or charges dismissed?? </div></BLOCKQUOTE>

                      Comment


                      • #12
                        I wish you were right . Apparently it depends on which state you live in. In California you could be right, but not everywhere. Where I live, the police officers have such instructions that if a 911 call originates from a residence, one of the two must get arrested. The reason being, it costs money to send cops to homes and dispatching a couple of cars to a residence. Therefore, one spouse must go down to the station to pay the fine to cover the expenses!!!! As sad as it is, it's a fact!! I should have never been arrested in the first place and my wife even refused to sign the police report because it was not accurate and wrong !!!! But that's a different story altogether.

                        Comment



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