Am I in trouble now for anwering No!!!!!!Rahul and Other

M

mhdia

Registered Users (C)
In 1996, when I apply for form 485, I answed no to the question" have you been ever arrested, cited, fine and other......"
For me you had to be actuelly in jail to answer yes to that question. I just mail in my N400 application and I answer again no to that same question.
Two week ago when I discover this site I saw that people were saying yes but I did not really want to mislead the ins about this issue.
I had some argument with a girlfriend in 1994 and there was an arrest warrant and i turn myself in.I was process and release on the same day.she lied and press bogus charges of thef of 300 or less and bathery against me. All the charges were Nolle and drop in 1994. I have documentation for both charges with me.
What should I do now that my application is in the system now?
What is going to happen? Ruhul and other please advice
Thank you
 
My suggestion:

Bring it up in the interview . I think you shld be ok as you did not intentionally lie and that u never got convicted.... But do mention it
 
Thank you Rahul

Mr Rahul,
I have great respect for you in this forum. I congratulate on your citizenship...your name check took so long and you were very patient and you fight well during the process.
When are you going to India and when are going to get maried...when are you coming back? are you going to log in while you are away?
You are going to be miss and I hope you stick around...
Take care and you have all my good wishes during your absence.
Thank you sir
 
Thanks a lot. I am in India now, my wedding is TOMORROW!

PS: To avoid future problems, explain your situation in writing and give it to the examiner, while explaining it verbally also.. That way no one ever can say you tried to hide something

Best of luck to you too
Rahul
 
If you don't have records:

Go to the county courthouse and obtain copies of the documents. It will show that the charges were dropped by the DA and also why.
 
mhdia said:
In 1996, when I apply for form 485, I answed no to the question" have you been ever arrested, cited, fine and other......"
For me you had to be actuelly in jail to answer yes to that question. I just mail in my N400 application and I answer again no to that same question.
Two week ago when I discover this site I saw that people were saying yes but I did not really want to mislead the ins about this issue.
I had some argument with a girlfriend in 1994 and there was an arrest warrant and i turn myself in.I was process and release on the same day.she lied and press bogus charges of thef of 300 or less and bathery against me. All the charges were Nolle and drop in 1994. I have documentation for both charges with me.
What should I do now that my application is in the system now?
What is going to happen? Ruhul and other please advice
Thank you
Click to expand...

Hmm. This could be a BIG problem.

Doesn't matter whether you were actually convicted or not. The question is whether you were arrested. But you were arrested, and said no to the question. Well, this could constitute a perjury.

Had you said yes to that, and made some explanation, this should be no big deal.

This all depends on the FBI. Almost every arrest is recorded in the state's computer, and it goes to the FBI computer, and is assigned FBI number, whether you were convicted or not. Of course, some of them are not recorded.

So, it all depends on the FBI.
 
boldlygo said:
Hmm. This could be a BIG problem.

Doesn't matter whether you were actually convicted or not. The question is whether you were arrested. But you were arrested, and said no to the question. Well, this could constitute a perjury.

Had you said yes to that, and made some explanation, this should be no big deal.

This all depends on the FBI. Almost every arrest is recorded in the state's computer, and it goes to the FBI computer, and is assigned FBI number, whether you were convicted or not. Of course, some of them are not recorded.

So, it all depends on the FBI.
Click to expand...

I really appreciate your imput but to tell the true, I don't care about your view. I came into this forum to get advice and not to receive such negative feedback from you. I wish you have keep whatever you had to say in your brain. After going through this site, I found situation like with WOULD2BCITIZEN answer NO to that question ;but he was cited with several moving violations. It does not matter it was an arrest or traffic violation; the bottom line is you answer NO to that question and base on your view he commited perjury...RIGHT??????? Well you are wrong because he went to the interview and he brough it up with explanation and he was citizen in the evening of his interview. SO GO FIGURE
 
mhdia said:
I really appreciate your imput but to tell the true, I don't care about your view. I came into this forum to get advice and not to receive such negative feedback from you. I wish you have keep whatever you had to say in your brain. After going through this site, I found situation like with WOULD2BCITIZEN answer NO to that question ;but he was cited with several moving violations. It does not matter it was an arrest or traffic violation; the bottom line is you answer NO to that question and base on your view he commited perjury...RIGHT??????? Well you are wrong because he went to the interview and he brough it up with explanation and he was citizen in the evening of his interview. SO GO FIGURE
Click to expand...
You had an arrest warrant so you were "arrested" irrespective of whether you turned yourself in or they came to get you. You did not reveal this on your application knowingly or unknowingly and the burden is on you to convince the immigration officer that you did not conceal this piece of information. When you posts your situation in forums like these, you should be ready to accept both positive and negative opinions. It will also help you to cover all your bases before you go for your interview. BTW, WouldBeCitizen did NOT become a citizen on the day of his interview, he had to wait till he took his oath (however, I am not sure if he is a US citizen, going by the his userid ). Anyways, good luck to you.
 
phillydude
Thanks sir but I appolized for writting such a note. Out of frustration...You know I file my N400 before I find this forum. and to tell the truth, I am losing sleep since I figure this out on this forum. I dont know if I will feel like this until my interview but I dont feel good about it. I really appreciated comment but it was hard for me to accept what she said.
I appolize again
 
you need an attorney w/criminal experience

dont recommend going to interv w/out that. regardless of how long ago or whether u've court disposition .. u might be runnning into perjury/ moral turpitude based on the answers given on 2 separate occasions. this is v likely to come up unless that state's record of misdemeanor arrest didnt hit fbi ... even then they might send a court runner to chk your county records [someone might know if they actually do that]
 
So What!

Ok Guys, the guy made a mistake and admitted it, and you guys still crucify him. He said he unknowingly made a mistake, so it is not necessarily perjury. [Perjury is the deliberate, willful giving of false, misleading, or incomplete testimony under oath.] The AO are aware that people make mistakes, under duress, misundertsand the question, or that English is their second language. I gave an example of a guy during my oath who was asked if (1) if his opinion had changed, and if he would still bear arms for the United States, and (2) If he was member of the communist party or that he and joined a gang, communits party or etc, to which he replied No to question 1, and Yes to question 2. He became an American citizen 20 minutes later. So guys give this guy a break!

This is my advice to you Sir, just as Rahul said, make sure the first words out of your mouth after the hello and how is the weather are along this lines..., Sir, on reviewing my application, I realised I made an error, I have tried unsuccessfully to correct this mistake without any success and decided to wait till my interview...And explain what the mistake was. Also, make sure you consult an attorney for advice, but DO NOT loose sleep over it.


Disclaimer: I'm not an attorney, my comments are personal views, for immigration questions, please consult a reputable immigration attorney.
 
Last edited by a moderator:
I think u r best served losing some sleep now than after disaster strikes ... With the INS u can never be too prepared as we've all learned the hard way!!!
This is about buying insurance for tail risk - except that the odds r not exactly as remote as priced into FL cat bonds. The adjuticating officer most likely can't approve the case w/out it going to a supervisor given this technicality. It might be in ur interest to perhaps write them a letter pointing out the 'oversight' cuz if they bring it up 1st ==> u r presumed guilty esp since u apparently signed on the dotted line twice.
I'd take the preventative medicine. Best wishes
 
May be a good idea (if you are very paranoid) to
a) Get an attorney to reword your problem in legal lingo and send it off to the DO
b) You try to do it yourself

Is your namecheck complete or not ? IF it is then its easier ..
 
You must log in or register to reply here.
Top