Results 1 to 3 of 3
  1. #1
    Join Date
    Jan 2016
    Posts
    2

    Default Disclosure of Alternative Sentencing When Applying for U.S. Citizenship, Form N-400

    Hi,

    I am going to apply for US citizenship. I am preparing the N-400 Application form. But I confused with this following question below Q26 to answer "Yes" or "No".

    Q 22) Have you ever committed a crime or offense for which you were not arrested? - NO

    Q23) Have you ever been arrested, cited, or detained by any law enforcement officer(including USCIS or former INS and military officers) for any reasons? YES

    Q24) Have you ever been charged with committing any crime or offense? YES

    Q25) Have you ever been convicted of a crime or offense? NO

    Q26) Have you ever been placed in an alternative sentencing or a rehabilitative program(for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)? < What i should say here? >


    -----My Criminal Case------
    I got arrested in 2007 for Domestic Battery California Penal Code 243 (e) (1).
    Judge gave the option to me, Like, I need to take 16 week Anger Management Class in order to dismiss the case.
    I went to 16 week Anger Management Class.
    Judge dismissed the case.
    I got GC in 2011.
    ----------------------------

    Now i am applying for citizenship in 2016.

    I never ever been convicted. So There was no sentencing or alternative sentencing for me.
    However, I went to anger management class in order to dismiss my case and case dismissed.

    What should i put on this following question? Yes or No

    Q26) Have you ever been placed in an alternative sentencing or a rehabilitative program(for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

    Please help me.

    Regards,
    M

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Disclosure of Alternative Sentencing When Applying for U.S. Citizenship, Form N-4

    Quote Quoting Know007
    View Post
    Judge gave the option to me, Like, I need to take 16 week Anger Management Class in order to dismiss the case.
    I went to 16 week Anger Management Class.
    Judge dismissed the case.
    Depending on the details, you appear to be describing either withheld adjudication or deferred adjudication. But whatever the details, from what you have told us the answer is "yes".

  3. #3
    Join Date
    Jan 2016
    Posts
    2

    Default Re: Disclosure of Alternative Sentencing When Applying for U.S. Citizenship, Form N-4

    Thanks

    I learned the following.

    1, It is deferred prosecution.
    2, I have to say "Yes"
    3, But it depends on the immigration officer to take this as a "Immigration Conviction" or not based on the following sentence from USCIS.

    if the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes.​

    pre-trial diversion can be called as deferred Prosecution?

    Anyway, I am going enter "Yes". So that i don't need worry on this.

    Thanks Lot.

    1. Sponsored Links
       

Similar Threads

  1. Sentencing: Alternative Sentencing
    By happyfeet in forum Criminal Procedure
    Replies: 1
    Last Post: 04-19-2009, 09:22 AM
  2. Naturalization: Applying for US Citizenship While Applying for Citizenship from Spain
    By Foxtrot in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 02-18-2009, 09:18 AM
  3. Unlawful Presence and Overstay: Alternative Form of Identification
    By machu420 in forum Immigration Issues
    Replies: 2
    Last Post: 10-07-2008, 06:50 PM
  4. Sex Offenses: Washington State Special Sexual Offender Sentencing Alternative (SSOSA)
    By Curious_one in forum Criminal Charges
    Replies: 2
    Last Post: 10-29-2007, 09:13 AM
  5. Sentencing: Alternative Sentencing For A California Felony Drug Offense
    By blonde.belle in forum Criminal Procedure
    Replies: 1
    Last Post: 06-07-2007, 08:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources