Need help with I-485 form

P

phoenix123

New Member
Hello everyone,

I have a question regarding I-485 form

A year ago I was granted asylum by IJ and now I am about to file for adjustment of status as an Asylee.

My question is about the questionary on page 3.
Back in my country I was detained and tortured by the police for several days but I wasn't officially arrested, wasn't charged with a crime or brought before court.
What would be the correct answer in "Part 3, question 1, paragraph b"

Thank you all very much
 
would yu please post question 3 for us. it will be much easier to get answers if the question is posted right here on your thread.
 
mamatonny said:
would yu please post question 3 for us. it will be much easier to get answers if the question is posted right here on your thread.
Click to expand...

I am sorry,
here is Part 3, question 1, paragraph b from I-485

1. Have you ever, in or outside the United States:
b. Been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance,
excluding traffic violations?
 
You answer should be NO. i was tortured at home too and it is in my asylum application but when adjusting i said no to this and guess what? am already approved. i think yu will be ok. I never even thought twice when saying NO. it never occured to me i should say yes coz that is at COP and i was never brought to court or charged with anything.
 
the answer to that question is a big no no! unless it has nothing to do with the merits of ur asylum case and was a serious deal, especially outside ur COP. for me it was completely irrelevant. u have to see how it fits the details of ur case.
 
phoenix123 said:
I am sorry,
here is Part 3, question 1, paragraph b from I-485

1. Have you ever, in or outside the United States:
b. Been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance,
excluding traffic violations?
Click to expand...

I answered yes when i was filling I-485 and attached explanation.
Right now I applied for Citizenship and I talked to Immigration Lawyer about those questions. She told me that I should answer NO and right before interview let IO know about your asylum case which was based on illegal detention in COP. I have never commit any crime in my life, only minor traffic violation.
 
well said uncle joe. the reason is, as soon as u answer yes, they are just going to send ur case right thru especial screening, without even considering the merits ur asylum case and the fact that a lot of those detentions and arrests are illegal and in violation of many clauses of international human rights. so, as i said, as long as they are solely relevant to the merits of ur asylum, answer no. other than that, it might be a good idea to say yes. bcause they might be visible in ur records. i hope this helps.
 
Thank you very much for your answers!

Now, I was thinking if it would be a good idea to answer "NO" and still attach an explanation. I am just worried that they my review my asylum case and assume I am trying to hide something by not answering "yes" even though I have not been officially arrested or charged with a crime. My detainment and torture by the police formed in fact part of my asylum case.

Thank you again
 
tributeblinky said:
well said uncle joe. the reason is, as soon as u answer yes, they are just going to send ur case right thru especial screening, without even considering the merits ur asylum case and the fact that a lot of those detentions and arrests are illegal and in violation of many clauses of international human rights. so, as i said, as long as they are solely relevant to the merits of ur asylum, answer no. other than that, it might be a good idea to say yes. bcause they might be visible in ur records. i hope this helps.
Click to expand...

It is in your records. Just let IO know about arrests in COP and explain him/her during the interview. don't worry IO will not bite you))
 
To uncle Joe

What will happen if he is not interviewed for greencard? Because I know they don't interview every case.
 
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