Should a beneficiary arrested once in US but no conviction expect delays?

[realizment 18]

You are worrying to much. Will the Arrest show, yes. I already told you earlier what you need.

Your question about $500.00 on average is for expungement from the record but does not apply to USCIS.

Oh yea ok, i appreciate that.. I worry i know, we all do during this process but thanks for the info!.

[Ironman140 45]

Not for Immigration purposes.

Wrong

removed from record. it never happen

[Boiler 45,558]

Not in the US.

Maybe in Ireland.

[Ironman140 45]

Not in the US.

Maybe in Ireland.

I stand corrected :crying:

did some checking and your right but much depends on the crime committed

Since your record is now expunged, normal background check done by employers, landlords and even yourself will not show anything about your arrest.

This is not the case with government agencies like FBI, USCIS etc. They will still be able to see your arrest record when a fingerprint of yours is processed. For getting a visa, whether it is a new one or extending an existing one, they now do fingerprint checks. Yours will likely get a hit. So, in immigration forms you have to be truthful and mention about the arrest. If you mention the arrest, then you have to be ready to show the arrest record and any subsequent actions related to this arrest to the interviewing officer if requested. Since you were never convicted of any crime, this should not cause any problems.

BTW, starting this year, GC holders are also fingerprinted at the port of entry. If there is a hit, then they will send the person for a secondary inspection, where they can ask additional information before being let in. There are several posts that discuss situation similar to this.

I also want to say that there were several people who got their visa stamped at overseas consulates with misdemeanors, DWI etc. At this point the choice is yours.

[Robert&Karen 264]

One thing to know, if the cops want to arrest you, get a lawyer! They are not going to listen to your story and say oh sorry you are right you can go now. They need to determine that for themselves through an investigation. I was once pulled over and had guns pointed at me for armed robbery. Turns out they thought I was the getaway car. Every single officer apologized to me for the close call, but know what? I did what I was told. Thee is a time to state your case and a time to shut up and do whatever you are told to do. Be patient.

Also if you get convicted of a felony in the US and are not yet a US citizen you will typically be deported to your home country. I knew an Aussie who stole a car at 18, and when he was 41 he got busted for shoplifting, they saw the felony from when he was 18 and shipped him to a country he left when he was 1 year old. This is an administrative law so there is no grandfathering.

No doubt the arrest will raise flags and it will be investigated, but that won't add weeks to the case. With today's internet and accesses online they should have all the info in no time. Not like the old days where you needed to call people to find out stuff.

Any my Aussie buddy is doing fine down under. :>

[NoneYa 73]

I just said to the lawyer, someone mentioned expungment and he responded that expungement is only related to if you have a conviction. What do you mean 500? I didnt pay anybody anything? Im confused, lol. He didnt mention USCIS but he basically just wrote it off with his response anyway.

Your lawyer is wrong on this based on my knowledge . You can get ONE record expunged in Florida. Even if it just an arrest. Check with a bettter $$$ Lawyer.

[Robert&Karen 264]

You can never undo an arrest. Convictions can be overturned, expunged, and thrown out. You can even downgrade certain felonies to misdemeanors after the fact. But there is no time machine. Best to admit to whatever is in your files, it WILL be found. Not disclosing anything will make them wonder about your honesty and sincerity and may slow down the process while other things are checked on you.

[Bryan and Isabel 29]

Hello , seems like everyone here is well informed on this topic, CAN SOMEONE HELP ME ??

I am the US Petitioner, in the I - 129f there is this question that asks " Have you ever been convicted by a court of law (civil or criminal) for any of the following crimes:" then it goes on to list them. I have been convicted once but NOT for any of the crimes mentioned on the I-129f, could I answer NO to this question? The wording of the question is what confuses me.

thanks

[Robert&Karen 264]

Hello , seems like everyone here is well informed on this topic, CAN SOMEONE HELP ME ??

I am the US Petitioner, in the I - 129f there is this question that asks " Have you ever been convicted by a court of law (civil or criminal) for any of the following crimes:" then it goes on to list them. I have been convicted once but NOT for any of the crimes mentioned on the I-129f, could I answer NO to this question? The wording of the question is what confuses me.

thanks

Yep, you can say NO and mean it. They are only asking about certain crimes.

[Bryan and Isabel 29]

Yep, you can say NO and mean it. They are only asking about certain crimes.

Yessss!!!!!!!!!!!!!!!!!! Just what I wanted to hear! <3

Thanks !!!

[NoneYa 73]

I was arrested for a second degree felony which was worse than assault. I had the step daughter from hell (I don't have enough space here to explain). Anyway while trying to keep her from running away, I chased after her with the car and parked. She ran by the park car and fell and scrapped her leg on the concrete. Another emotional woman shows up and the step daughter cries "he beat me up (she had no marks on her but a skinned leg from her fall.)." This is the same step daughter that I practically rescued from certain poverty. I bought her a car, I helped her get her grades from D's to A's. I took her to counceling.

I have 25 years working in corporations and a great career in technology so I am not going to hit someone with a car but that is what the cops charged me with because I just said "I want a lawer". I was shocked when I read that I was charged with Aggravated Battery with a deadly weapon (the car.) as the slammed the door shut and I spent 36 hours in jail.

The State Attorney reads the report and they probably pulled the step daughters mental and criminal history and they dropped the case against me within 45 days. This will never happen to me again but I was in fear I would get an RFE even though the case was dropped.

I didn't. I just got my I-797 (NOA2). So if you don't have a conviction, don't expect an RFE and answer "NO" to the questions. I guess I assumed I was guilty because people tend to think you are when you are arrested but in some cases innocent people are arrested and let out of jail everyday.

[Adriene H 89]

Oh Please. You got near them somehow in order to get arrested. No ?

Because they forced entry into the poster's residence.

If that happened to me, damn straight I'd be teaching the intruders

not to intrude with a baseball bat

[VanessaTony 3,567]

Care to point out the Texas law that allows shooting blindly at people through your front door? I've lived in Texas most of my life, and I'm unfamiliar with that legislation....

http://www.self-defender.net/law3.htm Texas has some really lax laws.

I lived in Houston when I first arrived on the K1. I had the wedding pictures sent to me in Houston but I never received them. Tracking showed them as being delivered. Even though the package was registered in MY name, someone else had signed for my package. They couldn't tell me where they'd delivered it because they thought it was me. They couldn't tell me the name of the person that signed for it because they thought it was me (I don't have a common name at ALL. I am likely the only person in the world with my first and last name). I called the company (USPS I think) and asked what the deal was. WHY did they not check ID? (that's the law in Australia if a package is registered and requires a signature). I was told that they tell their deliverers not to question people and not to go inside the house, not even a toe. I asked why. It was explained that they could be shot or attacked because of the lax gun laws. I looked into it and I completely understand now. Luckily it turned out the package was signed for by a child (11 or 13 or something) and when his mother came home from work and found the package she returned it to sender (she included a note of apology). By that time I'd received a duplicate of the photos (thank goodness for digital!) so my photographer kept it. I was very happy to move out of Houston. Scary place.