N 400/I751 :Diversion and cititation

[Mehul]

Hi,

I have this question for one of my friend.

He has applied for I 751 in month of march 2003. After that He got a cititation for calling a prostitute and got caught by cops for "Patronizing the Prostitue". Luckily, through lawyers he was not convicted and he got a diversion and he attended one class suggested by Judge. The diversion says that If he completes the class and stay out of trouble till June 2004 , the case will be dismissed. The conclusion is he is not convicted and everything was settle in the court.
All this happened after filling the I 751 and his wife has decided to stay with him and she is going to forgive him for that mistake.
My question is: at the time of interview Of I 751 is he going to be in problem?
And later on when he files for N 400 how is that going to affect him since he was cited but he was not convicted. This violation is not a felony or misdemear, and the case is going to be dismissed after July 2004.

Please share your views on this one , so that I can guide him.

Thank you all,

[Mehul]

Hi,

I have this question for one of my friend.

He has applied for I 751 in month of march 2003. After that He got a cititation for calling a prostitute and got caught by cops for "Patronizing the Prostitue". Luckily, through lawyers he was not convicted and he got a diversion and he attended one class suggested by Judge. The diversion says that If he completes the class and stay out of trouble till June 2004 , the case will be dismissed. The conclusion is he is not convicted and everything was settle in the court.
All this happened after filling the I 751 and his wife has decided to stay with him and she is going to forgive him for that mistake.
My question is: at the time of interview Of I 751 is he going to be in problem?
And later on when he files for N 400 how is that going to affect him since he was cited but he was not convicted. This violation is not a felony or misdemear, and the case is going to be dismissed after July 2004.

Please share your views on this one , so that I can guide him.

Thank you all,

[Aguila]

It is not sure if there will be an I-751 interview it might be waived, but if there is one, the big SECRET with USCIS is NEVER EVER VOLUNTEER INFORMATION UNLESS IS ASKED, if they ask him he should be honest about it...

Now as for N400 even if he is not convicted he might have to disclose it... I am not sure

[4now]

Mehul


There will not necesarily be a 751 interview, unless he already received notice that there will be one. There would be no reason for this to come up in an interview anyway unless question of an arrest would come up. Then answer honestly.

This question however is asked on citizenship N-400 form. Honesty is best policy and offer explanation, even though his moral character is not looking so good. Some people do not disclose local citations because unless they are checking at a "local" level they do not show up. But its not worth taking the chance on getting caught lying and not getting citizenship. Was he fingerprinted /bail etc?

Furthermore, he is very fortunate to have an understanding wife to stick by him in this process.

[Mehul]

He was finger printed after the court decision. When cops caught him they just issue a ticket and let him go home, so I don't whether its is consider as arrest or not. And so there was nothing like bail.