Question 16 on form I-130?? Help

keymelky

Registered Users (C)
My U.S Citizen wife and I are filing for my green card however I am confused with one question 16 on form I-130 this my also answer another yes or no question on form I-485 part 3, question 1.b
Have you ever, in or outside the United States
b. been arrested, cited, charged, indicted. bla bla bla

Well I was arrested by INS and waited in jail a few days to speak to the I.J about the following situation so do I answer Yes and explain on a seperate sheet.

question 16 on form I-130 has me confused, No or Yes and what box, here was my situation, in 1996 my partner contacted INS stated that I overstayed and tourist visa entry, I think that his friend worked for the INS and they came for me, I had was arrested and was detained for a few days waiting to speak to an I.J to see if he would approve my voluntary leave on my own expense. it was granted because I was here for less than a year, good morals bla bla bla, then left without any penalities or bars, when back to Costa Rica, 3 months later applied for a visa and came back again. my main question and confusion is a simple one question 16 on form I-130 do I choose Yes or No and what box if yes

I was granted to leave

example of granted to leave law::
If you have no alternative but to return to your home country, you must request Voluntary Departure which would allow you to leave the U.S. voluntarily, at your own expense, and you must agree to its terms and conditions. The judge can not grant this relief unless the alien requests it and agrees to it. If the judge orders this Relief, you must leave within the time frame he grants to you, but you can return to the U.S. as soon as you have a proper visa to do so. In the alternative, if the judge orders you deported or removed, you can not return to the U.S. for five or ten years, or quite possibly never
 
keymelky said:
My U.S Citizen wife and I are filing for my green card however I am confused with one question 16 on form I-130 this my also answer another yes or no question on form I-485 part 3, question 1.b
Have you ever, in or outside the United States
b. been arrested, cited, charged, indicted. bla bla bla

Well I was arrested by INS and waited in jail a few days to speak to the I.J about the following situation so do I answer Yes and explain on a seperate sheet.

question 16 on form I-130 has me confused, No or Yes and what box, here was my situation, in 1996 my partner contacted INS stated that I overstayed and tourist visa entry, I think that his friend worked for the INS and they came for me, I had was arrested and was detained for a few days waiting to speak to an I.J to see if he would approve my voluntary leave on my own expense. it was granted because I was here for less than a year, good morals bla bla bla, then left without any penalities or bars, when back to Costa Rica, 3 months later applied for a visa and came back again. my main question and confusion is a simple one question 16 on form I-130 do I choose Yes or No and what box if yes

I was granted to leave

example of granted to leave law::
If you have no alternative but to return to your home country, you must request Voluntary Departure which would allow you to leave the U.S. voluntarily, at your own expense, and you must agree to its terms and conditions. The judge can not grant this relief unless the alien requests it and agrees to it. If the judge orders this Relief, you must leave within the time frame he grants to you, but you can return to the U.S. as soon as you have a proper visa to do so. In the alternative, if the judge orders you deported or removed, you can not return to the U.S. for five or ten years, or quite possibly never

Hi:

The facts as you provided them clearly indicate that you probably need to answer "YES" and explain.
 
I email USCIS about this question, I was in Canada on asylum application. Before they replied my email I called USCIS. They told me mark 'Yes' for immigration proceedings in Canada. After I sent the application, I recieved a reply from DHS, stating that I do NOT need to mar 'YES' - because the question is for immigration proceedings in US only. :(
well just for you to know, if it could help... you cant reply on any information these days..... i suggest better mark YES than NO
 
Mikaal said:
I email USCIS about this question, I was in Canada on asylum application. Before they replied my email I called USCIS. They told me mark 'Yes' for immigration proceedings in Canada. After I sent the application, I recieved a reply from DHS, stating that I do NOT need to mar 'YES' - because the question is for immigration proceedings in US only. :(
well just for you to know, if it could help... you cant reply on any information these days..... i suggest better mark YES than NO

Hi:

While I do not question that you have been told that, I believe the advice by the DHS official is erroneous ---- the question clearly addresses any arrest or detainment etc. within or outside the US.

The OP would be wise to answer YES.
 
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