USCIS and California PC 851.6? (arrest deemed detention)

[kab_ayega_gc]

California issues a certificate to arrestee as per Penal Code 851.6 if the case was dismissed / closed with arrest. It states "SUCH ARREST SHALL NOT BE DEEMED ARREST BUT DETENTION ONLY". Will any federal agency especially consular officer overseas or USCIS even consider this certificate as a proof of no arrest?

http://law.onecle.com/california/penal/849.html

After my arrest, charges were dropped. Later I received a letter from arresting agency stating your arrest deemed not arrest but detention only as per CA PC 851.6. I was finger printed though. Two Court Notices I received says "No complain filed".

Form DS-156 for visa (and I-485 that I need to worry about later) asks "were you arrested"- not sure if should write yes or no?

I have proof to show saying hey I was only detained not arrested. If I answer NO and if INS sees my fingerprint, I am screwed . If I answer Yes I am inviting visa delays. I have lost my sleep. Please help me.

Different lawyers have different views.

Thanks a bunch.

 

[jnj]

you have to report it or include the detention...

I got a detention in california same as you and all the lawyers have told me it has to be reported.
INS will know about it anyway since you were booked and fingerprinted you are on file with the DOJ since the booking...

Most of these lawyers have said its not a problem since its not an arrest...and i only think they care if its drug or hooker related...

 

[kab_ayega_gc]

Hi jnj

After thinking too much and few phone consultations with various attorneys I really wrote NO and sent the papers to US consulate office overseas. I am very scared about it and now that you have written "I should have written yes". 3 attorneys says write no and two said write yes. Even if they INS finds it I have supporting document
saying detention only.

Plus when you get such detention only letter, the arresting agency is also supposed to delete "Arrest" word from DOJ and State Crime records.

Please share what you think about it? Shall I send another set of papers saying it was detention only?

you have to report it or include the detention...

I got a detention in california same as you and all the lawyers have told me it has to be reported.
INS will know about it anyway since you were booked and fingerprinted you are on file with the DOJ since the booking...

Most of these lawyers have said its not a problem since its not an arrest...and i only think they care if its drug or hooker related...

 

[jnj]

i dont think it matters that much as long as you send them a copy of the detention document.

i think they also want an explanation of what the detention was about and if you went to court or if it was dismissed...

maybe you should see a real lawyer who can give you staraight advice..cheap lawyers offer bad advice...i just spoke to a cheapie who told it was ok to travel outside the usa while the expensive lawyer told me no because i have to mark down my last re entry point etc...

 

[kab_ayega_gc]

i dont think it matters that much as long as you send them a copy of the detention document.

i think they also want an explanation of what the detention was about and if you went to court or if it was dismissed...
..point etc...

Last week I got FBI results back and it shows arrest record. They have one line that says "PROS REL - DET INSUF EVID" I guess it means insufficient evidence. Not sure what PROS REL means.

I have already sent papers for visa stamping to India and marked a NO to arrest question. I am worried whats going to happen.