Arrest

L

lotto

New Member
How would a arrest with no conviction affect the fingerprinting process.
There is no record of conviction but there is a record of arrest for simple assault. the case was dismissed but the FBI fingerprinting displays the arrest.

Thanks for your advice
 
No Title

Hi,
I have same problem. i was arrested for 4-5 hrs. and fingerprints taken. i m sure it will show on the fbi report. i did\'nt show up for traffic court for my car accident. buy i was not convicted since my lawyer showed the reason why i could not come.
i answered no to the question on the 485 form regarding arrest as per my lawyer since he thinks it\'s a traffic related.
did\'nt get much help from iio either when i called yesterday.
 
No Title

Check out and do some research. In Most states if one is arrested but not convicted of crime , the fingerprints and record of arrest is auotmatically sealed by the court meaning it will not show up on FBI check.
 
No Title

thanks jawan.
i called fbi to find out. they said that i can get the report by paying some money but by the time i get the report, i would have heard from ins. it takes that long.
i tried calling the ins, the iio was\'nt clear what she was saying.
thanks anyways.
 
You can get the FBI report, FREEDOM OF INFORMATION.

You can get the FBI report anytime that is called FREEDOM OF INFORMATION. Go to the private finger printing place and ask him, What is the FREEDOM OF INFORMATION and How can I obtain my FBI report, I guess most of the finger printing guys knows about it.
Once you have taken your finger prints, send them to PHILLY by paying $15 or $20 fee and you will get your results in 3-5 weeks.

I have same problem, I got arrested by INS and have no convictions, They finger printed when arrested, It says on my FBI report,
Arrested : XYZ place on xx-xx-xxxx.
Convictions : NONE.

I did put it on my 485 as Arrested and explained what happend on a separate page.
 
No Title

So did has ins got back to you yet. Do they view a arrest without conviction seriously . What is there policy on arrest without conviction.
 
No convictions

I am one of the H1BVICTIMS, if you remember about LCA case in San Antonio, TX on JAN-2000 (Randolph Airforce Base).

For case details, you can find any immigration site, The case was so popular. (http://www.rvreddy.com/san_antonio.htm)

They arrested 40 Indian Software Engineers and they found nothing wrong with employees and Cancelled all the charges. (INS did not even filed a case against employees, case did not even go to the INS Court) But the arrest exists on the records.

Is this Arrest Affects on GC Apprval ?
 
client,

I remember a few cases here who have been arrested and were not sure what to put into their papers.

Many were told by their lawyers that it is best to reveal any arrest because if it was something not very serious it will not prevent them from getting their GC. On the other hand, if the INS finds that they did not reveal this information to their question - "Have you ever been arrested ....?", then they are in a real trouble.

So in your case when you were not even convicted, you should reveal it and you should not worry about it at all.

Good luck!
 
I put it on my I-485

Thanks marta, I appriciate your suggestion.

I did put it on my 485 as Arrested and explained what happend on a separate page.

If some one hit on my face, I have to say that "yes" I got hit. But is it accidental or intentional, that is different story, On paper "Yes" I got hit, then explain what happend.

That is what I did. I put it on my I-485 as arrested and explained it with evidences (INS is issued a letter saying that the charges are dropped).
 
No Title

That is very good. They will see that you have nothing to hide and that you are an honest person who had simply bad luck.
 
Good Work folks

I see lot of folks are helping each other. Many of us have done nothing wrong and have been law biding.
I was arrested for minor incidence , the charge was reduced to violation which is not a crime , so i was convicted of non criminal offence and i paid some fine. When I checked with FBI, I have no arrest record as my record of arrest is destroyed after I was convicted for noncriminal conviction.

Question -

How should I answer the great question Have u ever been ......

in such circumstances how to deal with company attorney and company hired immigration attorney to avoid any embrassment at the work place.
 
Arrest but no conviction - Disclose the arrest to INS

The fact that there was no conviction certainly helps to show that it should not be held against you. BUT. There is a different standard of proof involved here. Just because there was not enough evidence to convict a person "beyond a reasonable doubt" does not mean that this arrest cannot be used to deny a GC. Just ask O.J. Simpson about different standards of proof. He was not found guilty of murder since the jury was not convinced "beyond a reasonable doubt" but that did not prevent a jury from finding him civilly liable for Nicole Brown\'s death since the standard of proof is much lower (more likely than not) in a civil case.

I\'m not saying that this is applicable in your case. I am only saying that the fact that a person is not convicted does not necessarily mean that there is nothing to worry about. Lack of a conviction certainly reduces the possibility of problems but that doesn\'t mean that there will not be any.

Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
Jawan

Tell them the truth. If the answer to the question of "have you ever been arrested?" is yes, you must say yes. Just because the FBI is not able to produce a record of it doesn\'t mean it didn\'t happen. I\'ll bet the local police department that arrested you has a record of it somewhere, and there are court records indicating your guilty plea and prosecutorial files regarding the case.

Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
Qs for Mr. Mills

Thanks for the advice Mr. Mills.
I was booked for not showing up at the court for a reckless driving ticket ( I got this ticket in some small town 4hrs away from my residence). I was not convicted as I showed the proof for not appearing at the court. My finger prints were taken at that time.
Both my lawyers, the immigration attorney and the one who helped with my traffic violation, advised me to say no the qs. since it is traffic related.
I hope they are the experts and gave a better advice.
Thanks
Kesh
 
May be correct

Arrested is a very technical term. Sometimes people are "detained" and are not "arrested". Your attorneys are certainly more familiar with your case than I can possibly be. All I am saying is that if you were in fact "arrested" it better be reported on the I-485 form. I\'d rather err on including something that they do not care about than not to include something that should have been reported.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
DUI and its impact on green card

Hi,

A few months ago I was arrested for DUI and i got arrested. The finger prints were taken at that time and I let go. The court put me under supervision and some fines.Will this impact on my green card process.I am now in the initial stages of my green card. what is your suggestions....

thanks,
regards
siva
 
No Title

I was arrested for theft of service once and the case was cancelled after 6 months. I checked \'no\' on the question "have you ever been arrested". What should I do now? Any suggestion will be appreciated.
 
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