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gusto

I-751 Criminal History section question

By gusto in Removing Conditions on Residency General Discussion

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gusto Contributor

gusto   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Thailand
 Timeline
Posted

My wife's Green card expires in March and I am currently completing the I-751, Petition to Remove Conditions on Residence. I have a question regarding Part 3 Additional Information About You #7 -- "Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, or committed any crime which you were not arrested in the United States or abroad?"

Last summer 2010 my wife and I had a heated argument which turned to divorce and then the custody of our son. To make a long story short, the situation got out of hand, she attacked me, the police were called and she was arrested and charged with Domestic Battery. She entered into a Diversion Agreement with the court and has since completed the requirements.

It is my understanding that the purpose of a Diversion is to avoid criminal charges and a criminal record -- am I correct in my understanding of this? So for question #7 should I check 'yes'? If the charge is not on her criminal record can't I just check 'no' or do I have to submit the court order confirming that no charges were filed? Will the fact that my wife was arrested, even though no charges were filed due to the diversion, cause her problems with the I-751?

In case you were wondering, my wife and I have long since moved past this incident and are doing quite well.

TBoneTX Grand Master

TBoneTX   45,784

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
"Have you ever been arrested ...?"

[...] the police were called and she was arrested [...]

Read the instructions verbatim, interpret them literally, and answer completely & accurately.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

gusto Contributor

gusto   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Thailand
 Timeline
  • Author
Posted

I intend to answer all questions completely and accurately, I just thought the purpose of the Diversion Agreement is to avoid criminal charges and a criminal record and hence future disclosures such as this. She's fulfilled the requirements of the Diversion so is it possible for anyone to gain access to information regarding this incident? Would an arrest for domestic battery and subsequent diversion create any difficulties in removing the conditions on residence?

markiweiss49 Collaborator

markiweiss49   4

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

just tell the truth and have all the paperwork that said no arrest on your wife's record. if you lie, they will turn down your wife's roc. tell the truth and you will be o.k.

mr and mrs Proficient

mr and mrs   187

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

the answer is yes.

they know that (or will shortly).

you know that.

the arrest happened. there is nothing that can make that fact disappear.

21 oct 08 : i-129F sent / 22 oct 08 : NOA1 / 23 feb 09: NOA2 / 13 mar 09 : rec'd 'packet 3' / 28 mar 09 : rec'd 'packet 4' / 20 apr 09 : interview / 22 apr 09 : passport/visa delivery by courier / 29 apr 09 : POE @ PHL / <3 05 may 09 : married <3 / 06 jul 09 : AOS submitted / 09 jul 09 : NOA for EAD/AP/i-485 / 28 jul 09 : biometrics / 31 aug 09 : AP rec'd / 02 sep 09 : EAD rec'd / 19 oct 09 : conditional green card rec'd

16 jul 11 : i-751 sent to VSC (fedex)

18 jul 11 : fedex confirmed delivery; NOA1 generated

20 jul 11 : NOA1 notice rec'd; check cashed; touch

26 jul 11 : NOA2 generated

28 jul 11 : NOA2 biometrics appt letter rec'd

29 jul 11 : letter req biometrics appt rescheduling sent

09 aug 11 : biometrics appt (could not attend); NOA3 generated

11 aug 11 : NOA3 (rescheduled) biometrics appt letter rec'd

24 aug 11 : biometrics appt

14 oct 11 : conditional green card expiry date

16 nov 11 : filed AR-11 for LPR online

18 nov 11 : mailed i-865 for USC

22 nov 11 : moved house; NOA4 change of address for USC rec'd

13 dec 11 : filed AR-11 for LPR by phone

29 dec 11 : filed hardcopy AR-11 for LPR by mail

18 jan 12 : 6 month mark ROC

05 apr 12 : approval letter rec'd

16 jul 12 : n-400 filing window opens

immediate concerns:

none, immigration-wise.
ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

As mentioned, you have to check yes. It's still going to be on her FBI background check. The lack of conviction just means it probably won't be an issue. If it is not disclosed if definitely will be.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 
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