Naturalization application Dilema

[aj3469]

Hi Everyone!!

I am in a situation and need suggestion from you guys.

I came to California on student Visa in 2009. I used to go to a store near to my school to buy some munchies etc. Later on I found owner was from my country and we had some friendship developed. Once, I was at his store sitting behind the counter and he got a call and stepped aside. Then, a customer came to register with beer and asked me to charge him. I did not know how to operate the register but he had change so he gave me and asked for a bag. I gave him the bag and the cops showed up. They gave me ticket for 'Selling Beer to Minor' and asked me to appear in the court. Me and my friend ( owner) explained as in I do not work and I don't even know how register works but they did not listen ( December 2009). Which was a Misdemeanor.

The case was dismissed in October 2010 after I did the community service and completed the probation. Case details has one statement 'Defendant released on all counts' not sure what does that mean.

I got my Green Card in Aug, 2011 through marriage to US Citizen ( Same Ethnicity ). We were living in Ohio and I was working in different state so was driving a lot ( two 600 miles round trips/month). I got first speeding ticket in October 2012, 2nd in May 2013 and 3rd in July 2013 and a red light ticket in July 2014. All tickets were paid right after I got them. After that until now no ticket as I avoid long trips by car now.

Marriage was going good but later on things started falling apart. Last year in November we filed for divorce ( after 4.5 years of marriage and more than 4 years of GC ), which is still going on. The marriage was in good faith and we have a son together. We traveled to my home country few times and also to Canada and various places in US together. Have joint bank account, medical insurance etc.

My lawyer took Ex Parte Restraining Orders against her and her lawyer did against me ( No Harassment, abuse, no excess cash withdraw, cannot stop her from using the car that she is using or I am using etc.)

I could apply for Naturalization in 2014 (based on marriage) but did not do as I wanted the 'Beer Selling' incident to be outside 5 year window.

I want to apply for Citizenship in New Jersey (Based on 5 years of GC) now but not sure how much chances do I have.

1. Beer Selling to Minor: Case Dismissed (About 6 years now). No trouble with law after that.
2. Traffic tickets: All paid in time.
3. Divorce: still going on and I have Ex Parte Restraining Order against me ( My divorce lawyer said its usual practice in divorce to get them ).

I will really appreciate responses.

Regards,
aj3469

[jenim]

https://www.uscis.gov/sites/default/files/files/form/n-400.pdf

If you look at Pg.14 of the N-400 pdf it says:

If any of Item Numbers 22. - 28. apply to you, you must answer "Yes" even if your records have been sealed, expunged, or otherwise cleared. You must disclose this information even if someone, including a judge, law enforcement officer, or attorney, told you that it no longer constitutes a record or told you that you do not have to disclose the information.

23. Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?
.
.
26. Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

27. Have you EVER received a suspended sentence, been placed on probation, or been paroled?
If you answered "Yes," have you completed the probation or parole?

-----------------------------------------------

So it basically asks you to list ALL arrests, not just limited to the last 5 years, isn't it? I think you will have to put your selling beer arrest in the N-400 and also answer "Yes" to 27. If you are not sure about it, consult an immigration attorney or post this question to a lawyer on Avvo.

[aj3469]

https://www.uscis.gov/sites/default/...form/n-400.pdf

If you look at Pg.14 of the N-400 pdf it says:

If any of Item Numbers 22. - 28. apply to you, you must answer "Yes" even if your records have been sealed, expunged, or otherwise cleared. You must disclose this information even if someone, including a judge, law enforcement officer, or attorney, told you that it no longer constitutes a record or told you that you do not have to disclose the information.

23. Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?
.
.
26. Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

27. Have you EVER received a suspended sentence, been placed on probation, or been paroled?
If you answered "Yes," have you completed the probation or parole?

-----------------------------------------------

So it basically asks you to list ALL arrests, not just limited to the last 5 years, isn't it? I think you will have to put your selling beer arrest in the N-400 and also answer "Yes" to 27. If you are not sure about it, consult an immigration attorney or post this question to a lawyer on Avvo.

Hello Jenim,

Thanks for your response. Off course I will add it on N-400 and I have obtained certified copy of decision from court that I will attach along with N-400 showing case was dismissed, Community Service proof submitted etc. My question is will it be an issue and naturalization can be denied?

Do I need to disclose about restraining Orders too ( They are Civil )?

Regards,
aj3469

[jenim]

You may want to send only photocopies of documents with your N-400, unless asked to send certified copies.

You must take certified copies of documents with you to your interview. I do not think they will hold a dismissed charge (beer selling case) against you for naturalization, as long as there is proof there is nothing pending against you in court.

I'm not sure about the restraining orders though. You may have some explaining to do, if you mention them. I really hope some other members of this forum are active in responding to such questions.