Lying to immigration officer at port entry for Arrest, Guru's,JoeF,JCash pls advise

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WorryForGC

Registered Users (C)
When I had filed for 485 I did not have arrest record and my name check & FP also cleared before that.

Now I am expecting that my 485 can be cleread in say 6-7 months as my PD is just before Apr 01.

If I travel outside and on return and say never arrested(assuming my DV case is dismissed and I pretend that so I didnot declare arrest)

I want to do this as otherwise my entry back can be in trouble and also if I say arrested then it will get attached to my case and the CIS will get to know that and call for interview, I know if the case is dismissed then they will still give my GC but it will be delayed with an interview etc. and with retro none can guess what the fate would be.


so I am thinking if the port officer doesnot have a record of arrest with them then if I just get away saying no, then I am safe for GC approval by mail once my PD is current and thus avoid the delay etc.

If somehow they catch then can pretend that since the arrest was a mistake and that is why the case was dropped, so I wrote not arrested. will this recipe work.

please advise thanks to you.
 
If possible, perhaps you should not travel at all until GC is approved. By not traveling, you are avoiding the entire issue, if this indeed is possible for you
 
WorryForGC said:
If somehow they catch then can pretend that since the arrest was a mistake and that is why the case was dropped, so I wrote not arrested. will this recipe work.
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You'd be amazed what information POEs will have. I have entered the US literally hundreds of times and have NEVER been asked if I have been arrested. I suspect part of the reason for that is that I never have been arrested.

If you are asked this question at a POE, chances are the reason is that the officer knows about the arrest. If you wish to lie, then there's a good chance that the officer will haul you into secondary where his or her supervisor will determine if you did not make a "mistake" and are instead lying to procure an immigration benefit (namely, entrance into the US).

That is subject to a lifetime bar, so choose wisely.
 
Oh I get the point, thank you real canadian

please correct me if I am wrong I was under the impression that we have to write in the form we fill in that if arrested.

Guess that is only once you go for a consulate stamping that you have to fill up if you have been arrested.

so If that is not the case then it makes perfect sense that the officer if asks already has the arrest record then better acknowledge it and he would let me in if the charges were dismissed.the worry being that acknowledgement would be most likely then passed on and gets connected with my case at CIS

TheRealCanadian said:
You'd be amazed what information POEs will have. I have entered the US literally hundreds of times and have NEVER been asked if I have been arrested. I suspect part of the reason for that is that I never have been arrested.

If you are asked this question at a POE, chances are the reason is that the officer knows about the arrest. If you wish to lie, then there's a good chance that the officer will haul you into secondary where his or her supervisor will determine if you did not make a "mistake" and are instead lying to procure an immigration benefit (namely, entrance into the US).

That is subject to a lifetime bar, so choose wisely.
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bjorn

Thanks for the advice

I have been without job for some months and want to get training into a new field of choice which is lot cheaper in India then here So being out of job this was the best utilization, however I have been in a dilemma and avoiding visit due to this reason for last few months, now if the bulletin this month comes out good and moves the dates by another 6 months then I will stick around with a hope that the GC may come in 3-4 months, but with retro if it gets delayed and it is 1 year before I went then it is difficult to hang around unemeployed as I am changing field
bjorn said:
If possible, perhaps you should not travel at all until GC is approved. By not traveling, you are avoiding the entire issue, if this indeed is possible for you
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If you are coming back using Advance Parole, the dont take your finger print. The issue of arrest probably wont come in.

A friend of mine had same problem, he reported everything on 485. Came back using AP, no questions asked.
 
I understand your situation and that you may be forced to travel. My personal opinion, though, is that it's never adviseable to lie to the government, whether it's at a POE, IRS, USCIS, etc. Knowingly lying to the government tends to have pretty severe penalties. I would guess that this also holds true for someone in your case, assuming you are caught.
 
I was arrested and case was null processed in court a while back (8 yrs). I wrote 'yes' in form when getting visa and got visa after FBI check with stamping "Hit does not constitue CIMT". I was super-nervous when entering US and so many fears were entering my mind. At POE, immigration officer looked at the visa and did not even ask a Q. My point is, don't lie. If you're truthful, good with prevail. At least thats what I have learned. Sometimes it takes time..but works out in the end.
 
dcmetro

my case is about to be null prosec later this month, is there any other immigration aspect or code involved, my attorney doesnot know any immigration aspect but has got the DA to null prosec
dcmetro22042 said:
I was arrested and case was null processed in court a while back (8 yrs). I wrote 'yes' in form when getting visa and got visa after FBI check with stamping "Hit does not constitue CIMT". I was super-nervous when entering US and so many fears were entering my mind. At POE, immigration officer looked at the visa and did not even ask a Q. My point is, don't lie. If you're truthful, good with prevail. At least thats what I have learned. Sometimes it takes time..but works out in the end.
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the only difference being here that on my 485 nothing is there as when I filed the arrest wasn't there. so guess as mentioned above by real canadian too that coming back on AP there is no forms or anything which asks if you have been arrested. In that case I can take my chances and if they ask then I will produce the court null prosec docs
GreenCardVirus said:
If you are coming back using Advance Parole, the dont take your finger print. The issue of arrest probably wont come in.

A friend of mine had same problem, he reported everything on 485. Came back using AP, no questions asked.
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sure bjorn thanks, I am waiting for bulletin if they move 5-6 months

then I will not travel but if they move 1 month then I may have a long wait. guess I will not lie, but just carry the null preosec doc
bjorn said:
I understand your situation and that you may be forced to travel. My personal opinion, though, is that it's never adviseable to lie to the government, whether it's at a POE, IRS, USCIS, etc. Knowingly lying to the government tends to have pretty severe penalties. I would guess that this also holds true for someone in your case, assuming you are caught.
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I am not aware of any particular code involved or anything. Only imp thing is for the sentence of the offence to be under 1 yr max for it to be not considered CIMT. That is the most imp thing. I think it the offense does not involve CIMT, you're OK with respect to GC. Thats what I am gathered on these forums.
 
And yes, do let us know what you decide in the end and how your travel and entry experience is, when you do decide to travel. Good Luck!
 
thanks dcmetro

since the dates moved by 7 months, i will probably wait, had they moved by 1 month i would have left. with this i am expecting if the same 7 months in n ext 2 bulletins, then i will be current...
dcmetro22042 said:
And yes, do let us know what you decide in the end and how your travel and entry experience is, when you do decide to travel. Good Luck!
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max was 1 yr under misdemeaner 3

dcmetro22042 said:
I am not aware of any particular code involved or anything. Only imp thing is for the sentence of the offence to be under 1 yr max for it to be not considered CIMT. That is the most imp thing. I think it the offense does not involve CIMT, you're OK with respect to GC. Thats what I am gathered on these forums.
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Good. Just concentrate on getting the offense reduced at a smallest possibel..if at all negotiable. Other than that..u should be ok.
 
dcmetro

Thanks it was finally nulle pros today, finally it is over, though it remains a life long stigma
dcmetro22042 said:
Good. Just concentrate on getting the offense reduced at a smallest possibel..if at all negotiable. Other than that..u should be ok.
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yes it does brother. sadly. :( Federal jobs with security can be ruled out..other than that..you should be ok with jobs..yes, immigration times might be more for us..due to need for an interview at the 485 stage. But I am glad it was nolle processed..
 
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