amended I-485 w/ arrest

N

neostar

New Member
I answered 'no' to the question about arrest on my I-485 since I had a 'statement of factual innocence', my record was destroyed, no charges filed and the state law said I could answer 'no' to any questions about arrests.

But at my USCIS interview I was advised by my lawyer to disclose the arrest and provide the court documents which I did and the USCIS officer amended the application during the interview accordingly and took the original court documents.

My questions is can the I-485 still be denied on the grounds of misrepresentation?

My application is stuck in a security investigation and I am afraid they will deny it on these grounds if I try to pursue a writ of mandamus.
 
They can no longer deny the 485 officially on the basis of misrepresentation by you because you amended your application *before* they came out and told you that they knew you had been arrested despite your claim you had not. That's only logical right? What they can do however is did deeper and spend more time evaluating your predisopositions and history which they were going to do anyway. Obviously they know that you wanted to appear more squeaky clean than you actually were but you did amend it so they can no longer claim you are still hiding the arrest. My own feeling is that if they deny it then it will be on the basis of the arrest and/or other info but *not* on the initial misrepresentation by itself.
 
Hold on, were you ever officially charged? Booked? If not then you could possibly answer yes to the arrest and no to the "have you ever committed whatever..." since if there was no arrest there was obviously no conviction. What was the "charge" again?
 
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