kab_ayega_gc
Registered Users (C)
California issues a certificate to arrestee as per Penal Code 851.6 if the case was dismissed / closed with arrest. It states "SUCH ARREST SHALL NOT BE DEEMED ARREST BUT DETENTION ONLY". Will any federal agency especially consular officer overseas even consider this certificate as a proof of no arrest while visa stamping?
http://law.onecle.com/california/penal/849.html
After my arrest, charges were dropped. Later I received a letter from arresting agency stating your arrest deemed not arrest but detention only as per CA PC 851.6. I was finger printed though. Two Court Notices I received says "No complain filed".
Form DS-156 for visa (and I-485 that I need to worry about later) asks "were you arrested"- not sure if should write yes or no?
I have proof to show saying hey I was only detained not arrested. If I answer NO and if INS sees my fingerprint, I am screwed . If I answer Yes I am inviting visa delays. I have lost my sleep. Please help me.
Different lawyers have different views.
Thanks a bunch.
http://law.onecle.com/california/penal/849.html
After my arrest, charges were dropped. Later I received a letter from arresting agency stating your arrest deemed not arrest but detention only as per CA PC 851.6. I was finger printed though. Two Court Notices I received says "No complain filed".
Form DS-156 for visa (and I-485 that I need to worry about later) asks "were you arrested"- not sure if should write yes or no?
I have proof to show saying hey I was only detained not arrested. If I answer NO and if INS sees my fingerprint, I am screwed . If I answer Yes I am inviting visa delays. I have lost my sleep. Please help me.
Different lawyers have different views.
Thanks a bunch.