I485: Do I answer 'Yes' to a question on criminal history although I'm not a criminal??

jacob123

New Member
OK. A long time ago, I was arrested outside the U.S after being suspected of breaking a hotel window (a drunken individual falsely blamed me). I was investigated at the local police station and released without a charge due to insufficient evidence. No court appearance required.

I answered ‘No’ to the question on arrests when filing for a non-immigrant temporary work visa because at the time of filing I believed I was detained for questioning. I have since concluded that it was probably considered an arrest under US law because prior to my interview at the local police station I was detained and not free to leave.

I am now in a position to file i-485 (Green Card App) and I don’t know what to do. How do I answer Part 3, Question 1 “Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating a law?”. Having answered ‘No’ on past non-immigrant Visa forms with a similar question concerns me because I fear the Consulate Official will mark me down on my Good Moral Behavior and potentially deny my application.

I suppose technically I have been arrested and the US has a right to know about this….but argh, it puts me in the same general category as a convicted criminal by answering Yes. Are they really interested in hearing about something I didn’t do? Is there a clear cut legal clause somewhere out there that infers only cases that have made it to court should be declared? My situation is less serious then a traffic offense since I didn’t even commit the crime yet traffic violators seems to be exempt from answering Yes on this broad brush question.

I can understand if I was arrested on suspicion of murder or something serious then the US would need to know about this but for something minor like a broken 3’ by 3’ window? I’m not so sure if it’s even worth the officials time to review the case.

Your advice please.
 
Well that is bad, but talk to a immigration attorney, there is a way of rectifying the details you input in the visa application. But i know it is possible, before you file for AOS you need to come out. Honesty is always appreciated.
 
Why do you think you were arrested and not detained? Did the police officer say you were under arrest? Normally when you are arrested you are told why, and you have your photo taken along with fingerprints. Was your photo and fingerprints taken? If so then I would contact an immigration attorney. Were you given any paper work as to the incident?
Best of luck.
 
I was not handcuffed, photographed, or fingerprinted. I was taken by a police officer to the local station where I was detained and not free to leave for a few hours pending an interview. After the interview, it was clear that I had no involvement. They apologized to me for screwing up and I went home....

I was provided with some papers confirming that I had my rights read, the 'time of arrest', and that no charges could be filed -- case closed. I suspect the paperwork is only available at the local police station.

Is it really worth engaging an expensive immigration attorney over this? Some of my friends think I am over-thinking it and that I shouldn't even bother bringing it up since it's a non-issue. Not so sure.
 
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