Help...urgent

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gcpain1

Registered Users (C)
Here is my situtation. I have already filed for I-485...have my EAD and AP.actually applied for renewal of EAD and AP again. Did my fingerprinting last year.now i am about to file for H1 extension 7th year. 2 years ago i was arguing with my husband and was arrested for domestic disturabance ...i was fingerprinted and phototgraphed then went before a judge and was released right away as there were no charges filed. however all this happened after filing for I-485. I never told anybody about this..not even my lawyer. now for filing for my H1 extension the lawyer sent a questioner which they use to complete the INS forms...if INS forms do not have that question do I have to talk to the lawyer about it. will there be aby problem with my green card. I never gave so much thought to this incident until I saw this question on the lawyers questionner. Now this has become such a big issue like the world is going to come to an end for me.

Anybody please let me know if i should be concerned or anybody was in a similar question..hellp
 
I do not have a direct answer for you, but here's a link from the TSC forum. It at times broke my heart reading some of the posts....

http://boards.immigrationportal.com/showthread.php?threadid=106010

I did learn a lot from that thread, the most interesting being that giving your wife an allowance could tantamount to domestic abuse! Though the thread is from a husband's perspective, it might give you an idea about the whole issue of domestic violence and how this country handles it.
 
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I did not pay any bail. i was never charged. the judge just told me to leave. my husand and I have no problems.

anybody who can contribute to this post is appreciated.
 
If you have never been charged, nor you have paid any kind of bail or fine for domestic disturbance, you should not worry too much on this. But if you could post the exact question what was asked in the questionaire by you attorney, may be the gurus of this forum could suggest you how to answer the question, without having a second meaning or reading inbetween lines......

Show me one couple in this world who have never argued????
 
The question in this verbatim,

Have you been arrested,charged or convicted ?

Can i Say "NO".....because i was arrested but never charged or convicted and let go without doing anything. They kept me until i appread in front of a judge...nobody said anything or asked anything..the judge said you are free to go...just control your anger next time on...what should i do....help..help
 
You can say NO to the question - I would suggest you to discuss with your lawyer in detail about this, so that if in case if there is anything comes up later (Let us hope it is not).
 
First to wish good luck so as everything goes well. Your Attorney is the best person who could suggest.
Assuming that US is a advanced nation and things are more transperent in this country. I am assuming that you would have been given documentation regarding your arrest, date and time appeared in court, outcome of the court decision...etc. If yes, then your documentation is a proof of no charges against you....,
Your attorney should help you from the documents you provide.

Your situation may be similar to a person being arrested for being in a wrong place at the wrong time but left free on finding s/he is innocent.
 
anybody else ...please reply...I want to discuss with my lawyer but am afraid that he may disclose it to my manager or anybody else...company is paying the lawyer....help please
 
The question was arrested, charged, or convicted, which means either one of the three.

You have not been charged.
You have not been convicted.
However, you have been arrested. I believe the answer to the question should be yes. You can still explain the entire matter; since everything was dismissed, it should hopefuly not cause any problems. I would suggest the following:

1. Talk to you attorney. He/she still represents you.
2. If you do not feel comfortable, pay a lawyer for a telephone consultation. It’ll set you back 200-300 dollars, but the peace of mind may be worth it.

Good luck and let us now if everything turns out ok.
Rgds,
sadiq
 
Is there anyway for me find out even if I have a record? maybe i do not even have record since i was never charged.

Thanks for being patient with me.
 
Answer is No

Recently Michel Jackson was arrested so naturally finger printed and photographed. But not convicted.

That process involves arrest -> charged -> conviction

My friend got DUI , asked criminal lawyer for this question, lawyer said mark "NO" check box.

He also inquired Immigration Lawyer he also said u are not convicted so it is OK.

my 2 cents
 
did this friend have any problem later. did he get his green card or is it still pending...i am so tempted to say no but am also scared that maybe i should not. i am trying to consult a lawyer as we speak.
 
He was arrested..figerprinted and photographed.

- court verdict was to suspend his license for 3 months
- fine for DUI
- taking some classes specified
- after one year again went to court after all this done.
- now he is kind of normal guy.

and that's it.
 
one more last question.....what if i get my arrest record expunged...will that take care of things and can i move on and forget this stupid incident in my life?
 
It is better to disclose about the arrest even if you are not convicted. But, do you need H1 extension? Can't you work on EAD? Moreover if you are already working on H1, the H1 extension form does not ask this questions(might be wrong also). Only the Visa stamping form for the passport carries that questionare. The company attorney need not to disclose this to the company.
 
I will let you guys know whatever happens. In the meantime is anybody else out there in a similar situation like mine. or anybody else who got their GC approved even if they got arrested for some reason
 
Originally posted by gcpain1
I will let you guys know whatever happens. In the meantime is anybody else out there in a similar situation like mine. or anybody else who got their GC approved even if they got arrested for some reason
Click to expand...

Better to consult with your attorney with the situation, even though your attorney is the corp attorney, there is a client/attorney agreement that the attorney can't disclosure any info to unrelated party, to this case, there is no reason for them to tell your company for the incidence. However, they are the best to tell you if you need to disclose this to INS. My take is that you have to. You were arrested after all, even though you didn't get charged or fined. I don't think you need to worry about it to effect your eligibility of getting green card. They've seen enough of this and it is by no means a serious offense. Lying about the situation, on the other hand, is not acceptable to this case, I believe. My cousin had similar situation, and when she apply for american citizenship, they pull it out from her record by her SSN and was questioning about it. She got her citizenship but it did set her back for a while, but at least she never lied about it. I do think this country is very lieneat regarding to minor offense but don't tolerent hiding the truth.
 
thanks for the response wandergirlus. The question is asked on a questionnire designed by my lawyer. This is to file for my final H1 extension(7th year). As much as I know and talking to other this question in not on any forms required to file for an H1. I would honestly answer yes if it was required on a INS form. the arrest incident happned after I filed my I-485 therefore i said no on that form. now i am trying to decide wha i should do. Unless it is truly required I do not want to disclose this incident. i have already filed for an EAD extension on 12/05. anybody think I will have problems with EAD too? please reply.
 
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