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Thread: help: N400 application question

  1. #1

    About one and half years ago, when I was 5 month pregnant, I had a bad fight with my husband. His dad lives with us, and for some reason, he also became involved in the fight.

    I was completely out of control. I raised my voice, and yelled (most likely my hormone is doing something here)

    So his dad called 911, claimed that he felt threaten from me.

    Police came, and they explained to him what happened. The police also talked with me.

    I admitted that I should not raise my voice so much, especially to the elder person. But I also said that I did not get enough sleep due to 5 month pregnancy and had to go to work every day ( a lot stress)

    The police said something like, there will be a record in our local office, but nothing will be reported. Then he left. I did not get any paper, or what so ever.

    Should I mention this on the application? This is not a citation, right? I am not arrested, right?


  2. #2
    Had police observed a violation of law you would have been arrested, but you were not.

    Police knows when to arrest and when to warn people, they know the difference between errors and criminal conduct.

    You should be as candid as possible in your application, if you have nothing to hide then make sure there's nothing hidden.

    If you have questions or doubts, you should consult with an immigration lawyer, never be satisfied with message boards or forums such as this one.

  3. #3
    Should I mention this on the application? This is not a citation, right? I am not arrested, right?
    Hi Hijie,

    It's always best to be honest. You shouldn't have anything to worry about and this incident shouldn't cause problems with your application. However, as Houston said, if you are unsure, would be good to check with a qualified immigration attorney instead of relying on advice from this forum.

    Good luck!

  4. #4
    I wish this could help, if it doesn’t, then just drop by the police office and ask them, they will be the ones to tell you for granted if you should put it or not, wow, your father in law was very smart, hahahahah, Threatened by you, hahahahah I think u never cooked for him’

    The source: http://www.familybasedimmigrat...showthread.php?t=150

    Understanding the Immigration Security Process
    Homeland Security fact sheet explains security checks for immigration benefit applicants

    An explanation of the immigration security check system was issued by the U.S. Citizenship and Immigration Services April 25, 2006 in response to some applicant frustration about delays in the process.

    All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. The agency acknowledges a small number of delays, but assures the public they are not based on race, ethnicity, religion or national origin.

    Further information can be obtained here.

    To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

    • The Interagency Border Inspection System (IBIS) Name Check— IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

    • FBI Fingerprint Check—FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

    • FBI Name Checks—FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.


    Originally posted by ProudUSC:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Should I mention this on the application? This is not a citation, right? I am not arrested, right?
    Hi Hijie,

    It's always best to be honest. You shouldn't have anything to worry about and this incident shouldn't cause problems with your application. However, as Houston said, if you are unsure, would be good to check with a qualified immigration attorney instead of relying on advice from this forum.

    Good luck! </div></BLOCKQUOTE>

  5. #5
    NO - You do not have to mention this on the n400.
    You were not charged,you were not arrested,you did not break any law,nor were you detained,you were no cited, NOTHING.

    So you DO NOT have to mention this,or talk about it nor should you. Has NOTHING to do with the questions asked in the N400 application.

    Bottom line,Police came to observe what was going on.
    No one was charged, no one was detained,no one was cited, no one broke the law.!

  6. #6
    N-400 asks for Citation, charges, arrest and not being arrested when you knew you should have been arrested. No punches were thrown, American are known to be LOUD mouth nation, and they get away with it. Loud mouthing is not a punishable offence criminally, yes some one can sue you in civil court for defamation or even tort. Do not need to mention this on N-400 atleast.
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

  7. #7
    All local law enforcement agencies maintain records of dispatches of officers to addresses and the names of the persons the officers involved with interact. Since you were not arrested or cited, then you have no worries as no action was taken. In any event it is not immoral or illegal to yell at someone.

    Remember what the Bible says, a man shall leave his parents and cleave to his wife in a new household. His father surrenders his authority when his son creates a new household and takes a wife. His father was out of line and should appologize to you.

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