Was Arrested !!! Need your advice !!!

[Mikhail]

want_to_know : does finger printing or not matter that much....

Please clarify your stance because this may help SatNet who was arrested at a store but not taken to the Police Store or Finger Printed for that matter - this may really help him big time.

My understanding is that such incidents have twofold implications:
1. You have to declare on I-485 that you have been arrested - I would not advise anyone to lie about it; and
2. If you have been FPed by the police, then there would be a match when you are actually FPed by the INS.

So, even if you have not been FPed by the police, you will still have to declare and explain the incident on your 485 application.

 

[Mikhail]

Scoomara...

please search for sam_485 on this board, his friend (on the west coast) was in a similar household violence situation but was approved. Seek advise from a competent criminal/immigration attorney -money and unnecessary headache is involved but you will come out fine.

Good luck. Do update for the benefit of others.

 

[scoomara]

Tks Mikhail, I am doing Consular Processing not I-485......

Where (on which form) will I have to declare this matter? Pls let me know. Tks.

 

[want_to_know]

go to your local police department and ask for a fingerprint check

go to the local police department and ask for a fingerprint check,from what I know, not every arrest case would be sent to FBI database, if you feel you have the responsibility to tell them, you should answer yes to the question(have you ever been arrested---? ) on
I-485, normally it will take one month for you to check the record from your local police department.

 

[scoomara]

As I\'ve metioned........

I am not doing \'Adjustment of status\', therefore will not be filing I-485. I will be doing \'Consular Processing\' instead. I want to be honest about this and want to know on which form I will have to declare this when I\'m going the \'Consular Processing\' route. My wife\'s (whom I\'m a dependent on) I-140 case was approved from VSC and is currently in NVC with a case being created and P3 yet to be created. If any one could help, pls post your comments. Tks.

 

[tan_suo]

No Title

I think you \'d better not do CP since there is a risk that you maybe rejected immediately and no time to buffer.

 

[scoomara]

Too late to switch.......

I think it is too late to switch as NVC has created the case and posibly created PK3. As far as I know we need to apply/switch before NVC creates the case. Pls advice. Tks.

 

[delhiseemaa]

for SATNET...Misdemeanor charge

hi there!! this is for the guy who was arrested for not paying for the books......dont\' worry about it....i know someone close who had a similar experience ....he was charged for a "misdemeanor" for "pettytheft" for shoplifting in 1998.....his lawyers pleaded not guilty in the court..but later took the reduced sentence...so the charge was reduced to "Infraction"..he paid the fine to the concerned store and the state.
Infraction is the lowest form of crime...there is infraction,then misdemeanor,then Felony.....infraction being the lowest form of crime....If you have infraction/misdemeanor on ur records ....u are still ok...u will get you GC....as long as u are honest about it in ur 485.....u most probably will be called for an interview, coz anytime you are arrested the ,INS/FBI is able to pullout ur arrest records for last 10 yrs,and if they find anything in your records that u havent mentioned..that would look like you are lying....so be honest and upfront about it....whatever happened ..u cannot redo/change it...all u can do is to to be honest about it....

My friend was called for an interview for 485 in april,2002....he had mentioned the arrest and mailed the certified copy of the police report withhis 485 application....during the interview,the INS officer had asked him if he was arrested....and he..explained...whatever was in the police report ..that was the end of it...my friend... DID...walk out of the INS..happy...he got his GC stamped that same day...

so.. DO NOT worry about it....if u do still have any other ques. write to me at delhiseema@aol.com....i can check with my friend for more info.....