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I am applying for US citizenship for myself and my husband.

Customer Question
I am applying for...

I am applying for US citizenship for myself and my husband. My husband had an arrest, which resulted in nolle prosequi, the record expunged. My question is to the question no. 29, in N-400, why were you arrested - What should I answer ?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I have green card for over 5 years

Lawyer's Assistant: Has anything been filed or reported?

You mean N-400 has been filed ?

Submitted: 4 months ago.Category: Immigration Law
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1/2/2018
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,456
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

If he was arrested, he must still answer yes to that question even if the result was a Nolle Pross.

If charges have been filed he must also answer yes. But whether he has been convicted, he can answer no.

He must provide all the court related documents together with his application, certified copies of the arrest report and disposition.

Good luck to you and I hope this answer has helped you.

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Customer reply replied 4 months ago
I get that we need to answer yes, but there is a column asking why were you arrested, cited, detained or charged? What should I write there? Should I write the actual charge ? The charge is assault and battery against a family member
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

I apologize, I misread which question you were asking about. Yes exactly, he must explain the charges honestly in question 29. If his actual charge was assault and battery, then that is what he must write under "why were you arrested." Then he should write the date of arrest, the city and state and then in the last column write "Nolle prosequi ." It will not be held against him because there was no conviction.

Hope this is helpful.

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Customer reply replied 4 months ago
That helps, it just looks so bad so I was worried but it alleviates to get confirmation from lawyer that it can’t be held against him. The actual charge as per arrest warrant is va code 18.2-57.2, assault and battery against a family member <my name>. The box doesn’t even have that much space to write all this. Would you recommend he write assault and battery or the code ?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

You can just write assault and battery. You still have to provide the documentation with the form. He can send only the disposition, but take the arrest report to the interview in case they ask him for it.

Glad it's helped. Please kindly remember to leave a rating with the stars on the top. Good luck!

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