Any lawyers here?

A

annaraka

Registered Users (C)
Hey guys,

An asylee from my country is getting ready to apply for his GC. He was arrested once 7 years ago for a misdemeanor. He was never prosecuted as his case reached the statute of limitation. Yesterday, he went to the county clerk's office to get the record of his arrest. They gave him an official copy of the record, where it says that after an extensive search, they found no record of this person ever being involved in any misdemeanors. Should he mention this arrest on his application at all then?
 
annaraka said:
Hey guys,

An asylee from my country is getting ready to apply for his GC. He was arrested once 7 years ago for a misdemeanor. He was never prosecuted as his case reached the statute of limitation. Yesterday, he went to the county clerk's office to get the record of his arrest. They gave him an official copy of the record, where it says that after an extensive search, they found no record of this person ever being involved in any misdemeanors. Should he mention this arrest on his application at all then?
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As I recall the form asks if the applicant has ever been arrested. Subsequent favorable disposition of the case does not alter the fact of the arrest, I think.

However I think this is too important for anyone to rely on anonymous internet postings. The person should consult a real attorney to reach an appropriate decision. As a matter of fact anybody who has had brushes with the law should seek legal counsel before approaching immigration.
 
annaraka said:
Hey guys,

An asylee from my country is getting ready to apply for his GC. He was arrested once 7 years ago for a misdemeanor. He was never prosecuted as his case reached the statute of limitation. Yesterday, he went to the county clerk's office to get the record of his arrest. They gave him an official copy of the record, where it says that after an extensive search, they found no record of this person ever being involved in any misdemeanors. Should he mention this arrest on his application at all then?
Click to expand...

Annaraka:
I was arrested by INS in 1997, and my fingerprints turn up in FBI searches all the time (I work at a job where I need to be fingerprinted and background checked). If your friend was fingerprinted, I am sure it will turn up as well. He can go to a police station, get fingerprinted, and ask for his own record from the FBI using FOIA.

I am NOT a lawyer, but I will give a suggestion any way: Your friend should mention the arrest, explain what it was for, etc. A misdemeanor should not be a big deal.

BTW, my crime was claiming false US citizenship at the border. I just responded to the I-602 for that. My wife, who was driving the car (technically, alien smuggling) was also arrested and then paroled in, did not get a I-602, so I think she is OK.

Good luck to your friend.

Floyd
 
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