Question on Criminal history on I-751 form

[liam4lisa 0]

Hello,

I am trying to get my ducks in a row for filing my I-175 in a couple of weeks! ..WOW! where did those 2 years go? Anyway I was wondering about one of the questions on the form regarding 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?

Does this question apply since you have been living in the USA? I know it says or abroad! I have not had any incidents since I have been in the USA or anywhere else. I was arrested in the past for a couple of things, but, I already submitted all the evidence such as police record e.t.c, I don't need to submit all that evidence again do I?

Thanks,

Liam

[Ashish 1]

I have read a few posts here recently that indicate you have to resubmit that evidence. Good luck

[Scalpel 14]

Hello,

I am trying to get my ducks in a row for filing my I-175 in a couple of weeks! ..WOW! where did those 2 years go? Anyway I was wondering about one of the questions on the form regarding 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?

Does this question apply since you have been living in the USA? I know it says or abroad! I have not had any incidents since I have been in the USA or anywhere else. I was arrested in the past for a couple of things, but, I already submitted all the evidence such as police record e.t.c, I don't need to submit all that evidence again do I?

Thanks,

Liam

So save yourself some hassles: Answer "yes" and send in police report.

I know it's tempting to say this question is kinda confusing but the keyword that clears up any confusion is the word "EVER". "Ever" covers every period of your life from birth until now. So your answer to that question should be "Yes". Especially since you have already submitted some form of evidence (police report) in the past, you don't want to make it look like you're trying to hide something now. Remember, you'd be signing that form (I-751) technically "under oath" and you don't want to be accused of perjury in the future and get your case RFE'd or even denied.

To be on the safe side and to protect yourself, I'd say resubmit copies of the police records. Besides not wanting to be accused of lying or whatever, the center that processed your I-485 isn't necessarily going to be the one that will process your I-751. And the officer that will be adjudicating your I-751 will not necessarily have access to hard copies of your documents from I-485. In addition, if you answer yes to the crime question but don't include the police records, the initial screener will consider your application incomplete and probably reject it or you might get RFE'd down the line. Remember, we're up against a severely disorganized, bureaucratic and grossly inefficient organization here.

Edited March 26, 2008 by Scapel

[liam4lisa 0]

Okay thanks for the advice!

Hello,

I am trying to get my ducks in a row for filing my I-175 in a couple of weeks! ..WOW! where did those 2 years go? Anyway I was wondering about one of the questions on the form regarding 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?

Does this question apply since you have been living in the USA? I know it says or abroad! I have not had any incidents since I have been in the USA or anywhere else. I was arrested in the past for a couple of things, but, I already submitted all the evidence such as police record e.t.c, I don't need to submit all that evidence again do I?

Thanks,

Liam

So save yourself some hassles: Answer "yes" and send in police report.

I know it's tempting to say this question is kinda confusing but the keyword that clears up any confusion is the word "EVER". "Ever" covers every period of your life from birth until now. So your answer to that question should be "Yes". Especially since you have already submitted some form of evidence (police report) in the past, you don't want to make it look like you're trying to hide something now. Remember, you'd be signing that form (I-751) technically "under oath" and you don't want to be accused of perjury in the future and get your case RFE'd or even denied.

To be on the safe side and to protect yourself, I'd say resubmit copies of the police records. Besides not wanting to be accused of lying or whatever, the center that processed your I-485 isn't necessarily going to be the one that will process your I-751. And the officer that will be adjudicating your I-751 will not necessarily have access to hard copies of your documents from I-485. In addition, if you answer yes to the crime question but don't include the police records, the initial screener will consider your application incomplete and probably reject it or you might get RFE'd down the line. Remember, we're up against a severely disorganized, bureaucratic and grossly inefficient organization here.

[pj1959us 0]

The I-751 was changed a few months before we submitted David's I-751. The verbiage used to be "since in the US" but became "ever". You will want to answer "yes" as has already been suggested.

David hadn't made a copy of the police report he had (when he got the K-1 visa) . I included a copy of the original attachment letter from when we had submitted the I-485, explaining we no longer had a copy of it and had already been submitted, and basically just left the original details that described what happened (dates, disposition, etc). After I sent the I-751, fearing an RFE or rejection, we arranged to receive another police report from England in case it was needed (and to avoid missing an RFE deadline since it would take a while to receive had we waited).

David's I-751 was processed without incident; we didn't receive an RFE. It was rejected originally but not because of that. We do have a copy of the police report now though...will probably submit it if he decides to pursue citizenship, I'm sure we'll need it then too.

Good luck!

PJ

Edited March 28, 2008 by pj1959us