pink Summon for riding a bicycle on a sidewalk applying for N-400 soon

billy852007

New Member
very informative forum ... used this a while ago. I have a few questions and need an opinion from you guys...

1. I was arrested by CBP at a port of entry for overstaying visa, long story short, i have a green card now. Don't have any other arrest records. When i filed for green card application back in 2010 i didn't check the box where it says have you ever been arrested bcz my attorney said at the time it's only an immigration violation arrest which USCIS knows about already. The green card application was approved without a delay. However, now on the N400, the question explicitly asks if i have ever been arrested (even by immigration officials), i am going to check YES. Would i be deemed a liar and denied because i didn't mention the CBP arrest on the i485?

2. I was given a pink summon for riding a bicycle on a sidewalk back in 2009 (which is a strangely a misdemeanor in NYC as i have come to know now), thanks NYPD, the summon was dismissed by the judge. As i was looking at my green card application, there is no entry either by me or my lawyer where we mention this incident. I am def going to mention this on n400 but would that be ground for a denial since it isn't mentioned on i485 and the violation occurred prior to applying for i485?
 
Answer to Question 1: If you put yes or no, it does not make a difference. USCIS already knows. They are not looking for that information. They are looking for something else.

Answer to question 2: If you feel better, do it but you are just complicating things for no reason. If your lawyer advised you not to mention it, follow your lawyer's advice. If anybody should tell you anything now or in the future, tell them to talk to your lawyer if he is still around. Don't get agitated when doing it, just say you paid your lawyer and he filed the paperwork for you. Be nice to govt officials. They are just doing their job.
 
Answer to Question 1: If you put yes or no, it does not make a difference. USCIS already knows. They are not looking for that information. They are looking for something else.

Answer to question 2: If you feel better, do it but you are just complicating things for no reason. If your lawyer advised you not to mention it, follow your lawyer's advice. If anybody should tell you anything now or in the future, tell them to talk to your lawyer if he is still around. Don't get agitated when doing it, just say you paid your lawyer and he filed the paperwork for you. Be nice to govt officials. They are just doing their job.

thanks for your input. About my first question, i asked a couple of lawyers after posting here, one of them even went as far as suggesting i shouldn't file for citizenship since i never mentioned the CBP arrest on i485 and that would be misrepresenting. See the problem is, i didnt have an attorney signed or filed the i485 for me, i just consulted her about that specific question for the CBP arrest and she brushed it off saying exactly what you said that they aren't looking for that arrest. I deferred to her judgement since she actually is an excellent attorney, formerly worked as a trial attorney for USCIS in immigration courts.
 
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