Question 7 on I-751

[melliemel 0]

Here is what the questions says....

"Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any

law or ordianance (excluding traffic regulations), or committed any crime which you were not arrested in

the United States or abroad?"

The part that confuses me is where it says "WERE NOT ARRESTED in the US or ABROAD"

What if you were arrested in the US but nothing came of it? I have all the documents stating that all charges were dropped.

Do I have to answer yes to this question?

Thanks for any help...

Mellie

[Spiderette 0]

If it was not for a traffic offense, you should definitely say yes. The county has records of all arrests, whether you were later charged or not.

Say yes, and add all your supporting documentation to show you were not charged with the crime. In the section where the notes are, explain what happened. Why you were arrested and the date, then the date of your court appearance, or whatever happened next.

The part that confuses you is asking whether you have committed a crime, but you were not arrested for it.

Basically they are asking if you have ever been arrested, and if you've ever committed a crime

Edited February 20, 2008 by Spiderette

[YuAndDan 153]

Yes you have to answer this truthfully, if you were arrested, then you were arrested, even if charges were dropped.

[melliemel 0]

Thank you Spider...That is what I thought is was just the wording that threw me off =D

Also, I received my green card in my maiden name but the rest of my documents are in my married name (drivers license, ssn etc) except for my passport. How do I get my new green card in my married name. I will be renewing my passport this year also with my married name.

I have had mixed answers to this question before..I just want to make sure that they do not send me back my paperwork. They did that to me when I was filing originally. I had filed under my married name but because my passport had my maiden name they made me redo my forms...

Thanks again,

Mellie

[Spiderette 0]

I don't know the correct answer to this, but I know they don't require a copy of your passport for this application. (correct me if I'm wrong) I didn't include a copy of my passport.

[YuAndDan 153]

Thank you Spider...That is what I thought is was just the wording that threw me off =D

Also, I received my green card in my maiden name but the rest of my documents are in my married name (drivers license, ssn etc) except for my passport. How do I get my new green card in my married name. I will be renewing my passport this year also with my married name.

I have had mixed answers to this question before..I just want to make sure that they do not send me back my paperwork. They did that to me when I was filing originally. I had filed under my married name but because my passport had my maiden name they made me redo my forms...

Thanks again,

Mellie

Use married name on form I-751, this will get green-card in married name.

[ianletz 0]

If you want to have your name changed on your GC you have to submit form I-90, and check the box for replacement of GC because of name change. This must be done before you submit I-751 or after your I-751 has been approved.

As for the I-90 form, you can download it along with the filing instructions from www.uscis.gov. The procedure takes only 2-3 months. You can even e-file it

[James 2]

Yes you have to answer this truthfully, if you were arrested, then you were arrested, even if charges were dropped.

Not if the record of the arrest was expunged, which frequently happens when charges are nolle prossed. The law may vary from state to state, but generally one can lawfully fail to acknowledge an arrest covered by an expunged criminal record.