Interview with an arrest

J

JohnZ07

Registered Users (C)
Hi, i need some suggestion here. Back in 1999 i was arrested and had the following out come

Charges: Disorderly Conduct - Brawling/Fighting
Disposition: Guilty - 07/31/2000

Let me clarify the arrest.

I was driving my drunk buddy to Denny's. So as we were driving thru the rough neighborhood and stopped at the light my friends rolls down his window and starts talking to a undercover cop. I tried to reason with him but he wasn't having any. So i pulled up in the wrong street (oneway)and tried to clam him down, but the damage had already been done. I was under arrest. So long story short we got a lawyer and got all the prostitution related charges dropped to aforementioned. We paid some some fine and had to watch a HIV related video

I got the GC in 2003 and as far memory serves me correctly there were no questions (interview) about my aresst or anything. Fast forward to 2009 I got the above arrest information from the court as a certified letter i checked my background using the local Bureau of Investigation but nothing came up.

Oh and on my N-400 application i did the following
Q16= Yes
Q17= Yes
Q18= Yes
++++++++++++++++++++++
Why were you arrested.....? =
Driving Wrongway
Solicitation
+++++++++++++++++++++
Outcome = Disorderly Conduct

++++++++++++++++++++++

Rest of them all NO's

So far the only extra piece of paper i sent USCIS was the certified court letter and they didn't seem to ask for anything else. Now i have an interview in Oct.

My questions are
Q: should i still take my original disposition paper at the interview and only give them if they ask for it until then just explain them what happened ?

Q: Should i take a lawyer with me for this stuff i dont wanna screw up anything

Q: What is the yellow paper that people been talking about is that something i should be receiving soon ?
 
JohnZ07 said:
I got the GC in 2003 and as far memory serves me correctly there were no questions (interview) about my aresst or anything.
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Did you disclose the incident on your I-485 form?

JohnZ07 said:
Q: should i still take my original disposition paper at the interview and only give them if they ask for it until then just explain them what happened ?
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How many original copies do you have? If you have enough, give
them one. If you only have one, maybe you need to keep it for
future use. But if the IO insist you give it to him/her. I don't think
you have any choice. I don't know if it is OK if you show the IO the
original but ask to take it back AFTER THE io MAKE A COPY.
Usually the supervisor may need to see it too because usually in such
case the IO will give you a :a decisioon can not be made: interview results
and need his/her supervisor for final decision

JohnZ07 said:
Q: Should i take a lawyer with me for this stuff i dont wanna screw up anything
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It is said the lawyer is not much useful because he can only be an observer
and there is no legal discussion and debate during the interview so that a lawyer does not help much


JohnZ07 said:
Q: What is the yellow paper that people been talking about is that something i should be receiving soon ?
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You'll receit it soon maybe in up to 2 weeks.
 
Did you disclose the incident on your I-485 form?
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I seriously don't remember its so long ago.

One more thing about the yellow paper. Is that something they send separately and not with the interview letter???
 
JohnZ07 said:
I seriously don't remember its so long ago.

One more thing about the yellow paper. Is that something they send separately and not with the interview letter???
Click to expand...
I know about a similar case. He had similar kind of incident before his I-485 was approved. His I-485 was sent to local office and at the time of Interview he gave the Certified court disposition his GC was approved.
He filed N400 in Feb or March 2009 and he again got the certified Court disposition. He sent the court disposition with N400 but at the time of Interview he was asked by Officer what happened on particular date. He explained in very few words. Officer asked for the certified court disposition and he replied that he sent with the N400 officer said he did not find with N400 papers. He gave the certified court disposition (he had extra original) to officer and was approved. The local office was Newark.

** keep the extra Copy of court certified disposition with you at the time of Interview and if asked about the incident make it short and explain.
 
JohnZ07 said:
I seriously don't remember its so long ago.

One more thing about the yellow paper. Is that something they send separately and not with the interview letter???
Click to expand...

Yellow paper may arrive before Interview letter or after Interview letter.
 
What is a court certified disposion letter?

I had my removal proceedings terminated by an Immgration Judge before I was granted my green card. I was given a paper stating that. I assume that is original , but it looks like a copy. What should I do? Go to immigration court asking a certified letter? Or the court certified disposion letter is only for arrest for criminal etc incident?

Anyone heard about similar cases? Thanks for any response!
 
suncat said:
What is a court certified disposion letter?

I had my removal proceedings terminated by an Immgration Judge before I was granted my green card. I was given a paper stating that. I assume that is original , but it looks like a copy. What should I do? Go to immigration court asking a certified letter? Or the court certified disposion letter is only for arrest for criminal etc incident?

Anyone heard about similar cases? Thanks for any response!
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It can be a copy but the court clerk should place a seal that say soemthing like "This is authentic copy of original blah blha".
 
WBH said:
It can be a copy but the court clerk should place a seal that say soemthing like "This is authentic copy of original blah blha".
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Thanks WBH.

Is this necessary? Then I have to spend thousand of dollars fly to the court and ask day off from work. I am not living in that state anymore.

I think INS should have the record, they all belong to immigration issues.

I am going to file N-400 in Sep. This worries me now.
 
suncat said:
Thanks WBH.

Is this necessary? Then I have to spend thousand of dollars fly to the court and ask day off from work. I am not living in that state anymore.

I think INS should have the record, they all belong to immigration issues.

I am going to file N-400 in Sep. This worries me now.
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I am not sure about immigration courts but other courts you can call their phone number and ask them how to get a copy of certified court documents.
Usually they can ask you to send in a self-stamped envelope with a check
for processing fees, then they send a certified copy back
 
hey i was arrested for theft 3 in a mall but never went to jail ,never got fingerprinted the prosecutor sent me a letter to go for a pre trial diversion which would be an altrnative to filing of charges in the courtso currently i am on probation for 11 months do i qualify for petty offence exception also do you think i should disclose this arrest to immigration when i go back to india for visa stamping plz reply
 
megz said:
hey i was arrested for theft 3 in a mall but never went to jail ,never got fingerprinted the prosecutor sent me a letter to go for a pre trial diversion which would be an altrnative to filing of charges in the courtso currently i am on probation for 11 months do i qualify for petty offence exception also do you think i should disclose this arrest to immigration when i go back to india for visa stamping plz reply
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What it is going on here? I can't make sense on what is your question and how is the Indian visa involved here? Please make a logical explanation to enable us to understand what the issue is.

You were arrested for stealing what which makes it a theft 3? Which state do you live in and what is the law pertaining to shoplifting in that state? The probation which you are currently serving, what was the final judgement from the pre-trial version? As far as I know, no can serve probation without an existing criminal complaint in the courts system. It is possible that you are confused on what transpired with the charges. It is the best I can do with limited information you provided here champ...:rolleyes:
 
Al Southner said:
What it is going on here? I can't make sense on what is your question and how is the Indian visa involved here?
----------------- It seems to me that his/her Visa stamp is expired and OP wants to know if he/she has to declare the arrest or crime on form when he sends application for US visa to US Embassy/Consulate in India. One must write on US visa form if one was arrested. He/she is posting this in US citizenship threads and if one gets US citizenship one does not need visa for US. If he/she wants to apply Visa for India after getting US citizenship then go to Indian Embassy or Indian consulate site and should look at the Visa application for India visa.


Please make a logical explanation to enable us to understand what the issue is.

You were arrested for stealing what which makes it a theft 3? Which state do you live in and what is the law pertaining to shoplifting in that state? The probation which you are currently serving, what was the final judgement from the pre-trial version? As far as I know, no can serve probation without an existing criminal complaint in the courts system. It is possible that you are confused on what transpired with the charges. It is the best I can do with limited information you provided here champ...:rolleyes:
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Al Southner said:
What it is going on here? I can't make sense on what is your question and how is the Indian visa involved here
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I suspect Megz means his US Visa. It is probably expiring and he has to return to India to apply at the US Embassy for a new Visa or an extension if that's possible. On that form they probably ask similar questions to the N-400.

Generally you cannot apply for a Visa to any Country while you are in that Country.
 
megz said:
currently i am on probation for 11 months do i qualify for petty offence exception also do you think i should disclose this arrest to immigration when i go back to india for visa stamping
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I am not a Lawyer, but given that there is probation, there will be a record of it somewhere.

You might want to check with an Immigration Lawyer and see what possible ramifications there are with that offense.

I think you may be in a rock and a hard place situation. If you do not declare it and USCIS has access to the records, (highly likely) = trouble. If you do declare it, it may fall under the Good Moral Character thing = trouble.

Not much help, I know.
 
ginnu said:
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Ginnu,

You should disclose this arrest on your visa application. It is likely that when your application is processed, Consulate might put in a request for background to the FBI which will certainly pick-up your arrest record. Look at it from this perspective, failure to disclose this issue is concealing a material fact which will impact the visa issuance process.

You moral character is an issue here which the Consulate will examine closely in lieu of your self-gifting (shoplifting). You can contact an immigration lawyer, but he cannot force a decision on the US Consulate in India. You have no pressing need to be in the US..:cool:
 
Let me chime in and it might help you or maybe not. My friend who has arrests dated back in the 1998 and then in 2000 applied for the HIB visa in '07 he took the risk of not adding those arrest on his application. When the BG check was done nothing came up they only pulled info from past 5yr as i recall. In the end he got his visa
I'm not advising you to lie but just stating an experience of a close friend of mine.
 
John, I don't think everyone gets a yellow letter, just make sure you bring extra copies with you to the interview, and if you have certified copies of your disposition for the arrests then better. They might ask you or maybe not just be prepared just in case.

Good luck!
 
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