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#1
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What counts as being detained?
For the interview, they say: "If you nave ever been arrested or detained by any law enforcement officer for any reason, you must bring the following to your interview:"
My question is, do tickets written for simple misdemeanors count as being 'detained'?
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---------------------------- USC married to B-2 Visitor (Mexican) DO: Boston 10/07/06: I-485, I-130 sent to Chicago lockbox 10/10/06: Received by USCIS 10/17/06: Notice Date for I-485, I-130 10/20/06: E-filed I-131 10/25/06: Notice for Biometrics appointment 10/30/06: Request for initial evidence (Tax forms) 11/10/06: Appointment for Biometrics Completed 11/16/06: RFE Response Recieved by USCIS 12/04/06: Recieved letter saying interview scheduled for 1/24/07 12/11/06: I-131 approved |
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#2
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My guess would be no. I would think you only count as being detained if you are actually detained. However, if you have any paperwork pertaining to the tickets, for example to show that they just traffic tickets, I would take it to the interview. You can never take too much stuff to the interview!
Jim
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Arrived in US on J1: 08/2000 Switched to H1B: 08/2003 Married to USC: 10/2003 H1B expires: 08/2004 Apply for AOS: 08/2004 Interview: 01/2005 4 I131 and 5 I765 issued to date Pending name check since 08/2004, 48 months and counting! |
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#3
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Being detained can apply to being detained at the border or being arrested,
usually only felony offenses are of USCIS concern, I suggest not to mention being arressted for minor Traffic offenses However IF ASKED DO be honest and ready to provide evidence of taking care of any outstanding warrants or legal obligations.
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AOS met in Japan 1994 married 10/2004 DO:Los Angeles,Ca. 6/19/06 RD I-130,I-485, I-765 6/26/06 NOA rcvd ND 6/23 check cashed 7/15/06 Biometrics complete Day 22 8/4/06 Interview Notice Rcvd Day 42 9/9/06 EAD card received Day 78 9/22/06 SS card received passed CDL exam Day 91 9/27/06 AOS Interview USCIS Los Angeles APPROVED LPR Day 96 12/01/06 Welcome Notice Received 10 Year GC Day 164 12/08/06 Green Card Arrived on Wife's B-day Expires 12/2016 Day 171
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#4
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I believe the rule is that USCIS is only interested in traffic offenses if they involved either drink or drugs. So no need to tell them about getting a speeding ticket.
Although one would assume if you went on a murderous "Carmaggedon" or Grand Theft Auto style rampage, they might be interested in that.
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UK citizen, married to USC, here originally on H-1B. DO: Philadelphia I-485/I-130/I-765 concurrently filed 06/22/06 Fedexed package to Chicago lockbox 06/27/06 ND receipt date for all forms 07/25/06 Biometrics taken 08/11/06 Interview Letter sent 09/06/06 EAD approval email 10/11/06 Interview - Approved! 12/06/06 Ten year green card arrives in mail! NOTE: I AM NOT A LAWYER. Please don't PM me questions that are better asked on the forum. |
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#5
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Quote:
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Disclaimer: I may be a law student, but am not qualified to give professional legal advice. My general advice/opinion should not be construed as such. |
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#6
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Calzi
Hi,
You can only be detained, if you were handcuffed for peeing on the side walk, except in NY, this is allowed only once, without a citation... If a police officer stops you for a routine traffic stop, such as listening loudly to Bill O'reilly, this doesn't qualify as a detainment. However, should you be cuffed and taken to a local precint for processing like perverts on NBC dateline, "sexual predator", you have to declare this on the application form.... If you happen to butt cheek a police officer, but never get arrested, except to be greeted by a police officer with a baton... it is not a detainment.Oh...lastly, eating a McDonald 5 out of 7 days in a week qualifies as a detainment... so, you should report it, report it to the proper authority, which happens to be.... PETA good luck....
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Disclaimer: Spend couple of semesters at Columbia Law School, but this is not a legal advice, though my include a legal jargon. So, consult a competent (NOTE: COMPETENT) immigration attorney (ONE REGISTERED WITH A BAR), not a drinking bar, but a law bar...
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#7
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Okay, I guess specifics might help.
I'm wondering if I need to bring paper work related to tickets for possesion of alcohol below the legal age limit. I got a few of them back in Iowa growing up. It's a simple misdemeanor and they do not arrest you for it, just write you a ticket.
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---------------------------- USC married to B-2 Visitor (Mexican) DO: Boston 10/07/06: I-485, I-130 sent to Chicago lockbox 10/10/06: Received by USCIS 10/17/06: Notice Date for I-485, I-130 10/20/06: E-filed I-131 10/25/06: Notice for Biometrics appointment 10/30/06: Request for initial evidence (Tax forms) 11/10/06: Appointment for Biometrics Completed 11/16/06: RFE Response Recieved by USCIS 12/04/06: Recieved letter saying interview scheduled for 1/24/07 12/11/06: I-131 approved |
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