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Posted

I'm currently in the process of putting everything together and want to send my package out somewhere tomorrow or the day after. I am wondering, however, about question #7 on the i-751: "Have you ever been arrested"...

Well, yes, I have 'ever' been arrested for something minor, I told them about this during my visa interview back in my home country, and again during Adjustment of Status. I know they have this on file (he showed me during the interview back then for the AOS). Now I am wondering if I should tell them AGAIN what happened back then, again with the whole explanation, and again with the explanation why the stupid court letter is making it worse then it really is irl (to make it short, I hardly had anything to do with the case but in my country they put everything together as 'efficiency' so it actually look like as if I was one of the main perpetrators).

I kinda don't want to do the whole thing again, mostly because during my initial visa interview, I almost got denied because of the confusion the court letters brought and I am scared there might be some more confusion again. I never received any punishment or whatever, I just had to go to court to show my face and that was basically it... but that darn letter from the court is making it seem worse :(

So basically, yes, I think I will have to put 'yes' as answer and redo the whole thing, but still.. what do you guys think? Isn't it kind of weird they use the word 'ever' while they already know the things about the past (if they didn't, it would mean you've lied in the past to them)?

Now if it said 'during the time you've lived here' or something similar, then it would make sense to me, but right now I am kinda scared I do have to put 'yes' and tell them the whole story once again, with the risk of being denied...

Thoughts?

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

unfortunately you have no choice. You have "ever" been arrested so you have to answer yes and go through it all again. On a positive note they will have your explanation on file so you should be less hassled because it will be discussed in your file, as well as why it wasn't a deniable offence.

saying no is a lie and you don't want to risk them denying you for material misrepresentation which is a lifetime ban.

Posted

Thanks for the quick answer. You're right, it's better to say yes than to risk of telling a lie and to receive a possible ban. I will go with the yes answer and tell them everything all over lol.. but yeah, like you said, they have it on file already so it shouldn't be too much of a problem :)

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

Filed: Timeline
Posted

I would say you want to be as honest as possible during this process. My husband (who is from Panama) got in trouble for trying to return some shirts to Dillards with the wrong tags, so he had to go to court and pay a fine (theft by deception). When I sent the package in to lift his conditions with all of our bank statements etc, I also wrote a one page letter explaining the whole thing and what the result was, as well as sending in the original court documents for it all.

Filed: Other Timeline
Posted

Sure you answer YES, truthfully.

The last thing you want in your A file is to have various papers with different answers to the same question.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Posted

well, did it.. another 2 page explanation as to what happened and what exactly the verbal court order states... bleh... cannot wait until this is all behind me... one more time after this, when I'm eligible to file for citizenship, and then finally over with all this lol :D

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

Filed: K-1 Visa Country: Canada
Timeline
Posted

well, did it.. another 2 page explanation as to what happened and what exactly the verbal court order states... bleh... cannot wait until this is all behind me... one more time after this, when I'm eligible to file for citizenship, and then finally over with all this lol :D

I know what that's like,I was arrested 28 years ago for something very petty,because it was so long ago there are absolutely no court records available,but I ticked of the box where it says yes i have been arrested before,i was just being honest,even though there are no records of me having a criminal record anywhere,I could have just left that box unchecked,but like i said i was just being honest,so i have to explain each step of the way that there are no criminal records to be found anywhere,hasen't been to much of a problem,but it is a hassle throughout the whole process.Good luck.

Filed: Citizen (apr) Country: Ghana
Timeline
Posted

You've answered yes to that question twice already so it will be suicidal to change it to NO. They obviously didn't think it was a big deal and approved your case so why is it an issue now? You can't answer no anyway because you have been arrested before. Everything has gone smoothly for you so far so why rock the boat. Just repeat what they already know and just relax and wait for your card in the mail. Good luck but stick to the script.

Filed: Citizen (pnd) Country: Australia
Timeline
Posted

i know a bunch of people have already answered, but I just wanted to add my two cents.

DH got a DWI two years before we got married.

We told them during the initial visa process, removal of conditions process, and now AGAIN as we file for naturalization. It's the biggest pain in the rear end...Just letting you know you're not alone :)

Good luck

I'm currently in the process of putting everything together and want to send my package out somewhere tomorrow or the day after. I am wondering, however, about question #7 on the i-751: "Have you ever been arrested"...

Well, yes, I have 'ever' been arrested for something minor, I told them about this during my visa interview back in my home country, and again during Adjustment of Status. I know they have this on file (he showed me during the interview back then for the AOS). Now I am wondering if I should tell them AGAIN what happened back then, again with the whole explanation, and again with the explanation why the stupid court letter is making it worse then it really is irl (to make it short, I hardly had anything to do with the case but in my country they put everything together as 'efficiency' so it actually look like as if I was one of the main perpetrators).

I kinda don't want to do the whole thing again, mostly because during my initial visa interview, I almost got denied because of the confusion the court letters brought and I am scared there might be some more confusion again. I never received any punishment or whatever, I just had to go to court to show my face and that was basically it... but that darn letter from the court is making it seem worse :(

So basically, yes, I think I will have to put 'yes' as answer and redo the whole thing, but still.. what do you guys think? Isn't it kind of weird they use the word 'ever' while they already know the things about the past (if they didn't, it would mean you've lied in the past to them)?

Now if it said 'during the time you've lived here' or something similar, then it would make sense to me, but right now I am kinda scared I do have to put 'yes' and tell them the whole story once again, with the risk of being denied...

Thoughts?

Finally finished with immigration in 2012!

familyxmas-1-1.jpg

Filed: Other Timeline
Posted

Agreed. My husband and I have been married for 3 years but have been together as a couple since 2000. He had a DUI in 2002 and all the court papers, etc., was filed and gone over before he was granted his green card in 2009, so I had the same issue. Had to go and get another court certified copy of transcripts (and pay another $30!) to include and marked "yes".

Posted

I know what that's like,I was arrested 28 years ago for something very petty,because it was so long ago there are absolutely no court records available,but I ticked of the box where it says yes i have been arrested before,i was just being honest,even though there are no records of me having a criminal record anywhere,I could have just left that box unchecked,but like i said i was just being honest,so i have to explain each step of the way that there are no criminal records to be found anywhere,hasen't been to much of a problem,but it is a hassle throughout the whole process.Good luck.

lol kinda like me then, yeah. Although there are court records, there are none available for anyone to request as it had been about 12/13 years ago but yah, same here, trying to be completely honest ain't always the most fun way to go.. there were times I actually wished I never told them lol because if I didn't, they would never had find out, it sure gave me enough stress lol... oh well, I did tell them and stayed honest... sometimes they say the right path is the hardest way to go but in the end the most fulfilling, I just hope it is true again (but I kinda am not as worried as before because if it was really a problem, they would never have let me come to the US or let me adjust my status in the first place :) ).

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

Posted

You've answered yes to that question twice already so it will be suicidal to change it to NO. They obviously didn't think it was a big deal and approved your case so why is it an issue now? You can't answer no anyway because you have been arrested before. Everything has gone smoothly for you so far so why rock the boat. Just repeat what they already know and just relax and wait for your card in the mail. Good luck but stick to the script.

I agree, they have let me come this far, so it shouldn't be too much of a problem.

However, they did initially deny my request at the consulate during my interview because of the weird way the verbal court order is written. Thing is, it could be interpreted in several ways, and you need to know the way how they do it in the Netherlands or you might completely misunderstand what the court order says, as they initially did at the consulate (this was also thanks to a faulty translation from a sworn translator... later I did another translation with someone else, also sworn but this time someone who knows about law translations, and they actually did translate it better). I never been to jail or received a fine or anything for this, but they initially didn't believe that, and that's what kind of worries me, what if there is someone along the line who does not believe it again that I never did anything. You're right, they wouldn't have let me come this far normally but it is the fact that it almost went wrong at the initial K1 petition, and that's worrying me a bit.

i know a bunch of people have already answered, but I just wanted to add my two cents.

DH got a DWI two years before we got married.

We told them during the initial visa process, removal of conditions process, and now AGAIN as we file for naturalization. It's the biggest pain in the rear end...Just letting you know you're not alone :)

Good luck

Agreed. My husband and I have been married for 3 years but have been together as a couple since 2000. He had a DUI in 2002 and all the court papers, etc., was filed and gone over before he was granted his green card in 2009, so I had the same issue. Had to go and get another court certified copy of transcripts (and pay another $30!) to include and marked "yes".

Thanks guys, it's good to know I'm not alone in this :)

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

 
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