I-485 and minor incident in the NYC Subway

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wayne57

Registered Users (C)
Hey everyone, I'm in the process of filling out form I-485 for my wife and I've hit a little snag.

In 2006 when my wife was going through the turnstile for the metro, her friend scooted in behind her so they both went through at the same time. They were arrested and taken to the magistrate. She said they took her fingerprints, and the judge told her that if she didn't do anything for 6 months (because she had a clean record), her record would be wiped clean (she says, as if it never happened). They did not give her any type of documentation or anything.

So, my question is, do I need to indicate that she was arrested in the I-485. Also, if I do say she was, I have no evidence to show it. I need some suggestions for what to do. Thanks!
 
wayne57 said:
Hey everyone, I'm in the process of filling out form I-485 for my wife and I've hit a little snag.

In 2006 when my wife was going through the turnstile for the metro, her friend scooted in behind her so they both went through at the same time. They were arrested and taken to the magistrate. She said they took her fingerprints, and the judge told her that if she didn't do anything for 6 months (because she had a clean record), her record would be wiped clean (she says, as if it never happened). They did not give her any type of documentation or anything.

So, my question is, do I need to indicate that she was arrested in the I-485. Also, if I do say she was, I have no evidence to show it. I need some suggestions for what to do. Thanks!
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She will be fingerprinted again and if something shows that she tried to hide then the LIE would be held against her as a fraud/misrepresentation for the purpose of obtaining or attempting to obtain an immigration benefit. That is a ground of inadmissibility. A discretionary waiver MAY be available. Do you want to take that chance?

The incident which she should declare will not prevent her from getting a greencard.
 
Thank you for the quick reply. I definitely will not take any chances with misrepresentation.

What do I do since we do not have any type of record or documentation from her arrest. Is mentioning it and then including an explanation sufficient. She does not even know the date she was arrested, just the month (don't ask why, I have no idea). How important is it to get something official?
 
wayne57 said:
Thank you for the quick reply. I definitely will not take any chances with misrepresentation.

What do I do since we do not have any type of record or documentation from her arrest. Is mentioning it and then including an explanation sufficient. She does not even know the date she was arrested, just the month (don't ask why, I have no idea). How important is it to get something official?
Click to expand...

Go to the Police that were involved and ask for a records check, good conduct certificate or police clearance letter (whatever they call it). A negative finding is good also. If they do find something it should indicate if it went to a court or if the DA declined the case. A follow up may be needed if someone else is named in the police search result. She said she was fingerprinted so, if it went to the FBI, it will show up and she'll be prepared with the needed documentation.

http://www.nyc.gov/html/nypd/html/record_inquiries/record_inquiries.shtml
 
Thanks for the quick response. We are going to send have her fingerprints taken and try the inquiry with the NYPD. Hopefully they will find some and it will say the case was sealed or dismissed. I'm not really sure what to do if they come back with no record of her, as I know her fingerprints were taken.

Does immigration only check fingerprints against the FBI? I guess I could send them there for a record check.
 
Civilian local and state law enforcement send fingerprint etc.. info to the FBI. A negative report is good, too. If that's all they they've got, then that's all they've got. A check of the Court records may be required also. Wait and see what turns up to determine how to proceed.

Notably, the U.S. military don't report to the FBI and cause a further delay in background checks for military members and vets.
 
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