Package sent off last week, however, now I'm concerned about one of my I-485 answers.

[Dewave2 17]

Hi guys,

As the title says, we filed last week, but after I was reading through a thread earlier, the one regarding the denial due to prostitution charges, I have become slightly concerned about one off my answers. No, I'm not a prostitute.

The question in question: Have you EVER, in or outside of the United States, Been arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations.

I answered No, however, I have been arrested.

To cut a very long story short. Christmas work party 4 years ago, more drunk than I have ever been in my life, got a taxi home, had no money in my wallet so went inside to get some to pay. I walked indoors, drunkingly forgot about the taxi, and fell asleep. Taxi driver called the police, however I was too drunk to even communicate with them, so I was arrested. I had to spend a night in a cell as I was too drunk to give a statement. The next day, I explained what happened, I paid the taxi fare, and that was it. There were no charges, no court date, no nothing.

So when I answered the question months back when filling out the forms, I answered No, as when reading it, I was answering 'Have you EVER been arrested, for breaking or violating any law or ordinance? I wasn't arrested for breaking any law or ordinance. I was drunk, in my own home. I was arrested as I was unable to answer the questions being asked of me. After reading the other thread, I'm now slightly concerned. I'm concerned that I should have answered Yes, as in answering the question 'Have you ever been arrested'. Obviously, had that have been the question, I would have said yes. I guess at the time that's just not how I read it, and still reading it back, that's not how I read it.

I know no-one is going to be able to offer an answer as to whether this is OK, not OK or what will happen. I'm just looking for peoples opinions on what you think I should do?

Although we filed without a lawyer, I'm now starting to wonder if I now need to hire one, due to this one thing?

Thanks guys!

[Old_Dog_Barking 36]

...I'm just looking for peoples opinions on what you think I should do?

Although we filed without a lawyer, I'm now starting to wonder if I now need to hire one, due to this one thing?...

I don't think you need a lawyer. Contact the Police and have them issue a report that you will bring to the interview. You will be asked the same question at the interview; at that time, answer thruthfully and present the police report.

[him4life 13]

once arrested you should have answered yes with the intention of explaining yourself at the interview, and bringing in proper documentation to prove your point, once they run your fingerprint and do background checks your arrest is gonna show up, lets hope they dont accuse you of lying on the form, because they take lying very serious

[Hypnos 6,576]

You should have answered "Yes" to the question, provided details on a separate sheet and obtained a certified document from the appropriate authority showing that no charges were filed.

You should still obtain that document (the instructions for your AoS interview will state you need it) and then when you are asked the same question at your AoS interview, answer "Yes" and have all of the relevant documents available to show the IO.

I doubt it will be an issue, but you might want to run it past an immigration lawyer ahead of time (as I would always encourage anyone with any arrests or other red flags to do).

[DC85 113]

it's not a big deal. most likely you won't have a record if they didn't take your fingerprint, HOWEVER, you need to fix your answer even if the IO didn't ask you this question. so explain your story and you should be fine

[Dewave2 17]

Yeah, I completely understand their viewpoint on lying and rightly so.

I guess I don't consider it lying, as I wasn't arrested for the breaking of a law, or violation of any ordinance, but I guess, how I view it, and how they view it are two different things.

My fingerprints were taken, as are all arrests in the UK now. Being aware of this, hopefully it will show I wasn't trying to hide anything.

So by the sounds of it, the best thing to do is to get a police report. Having no dealings with the police before or after this event, I have no idea how to get a police report, especially as I am out of the country. Does anyone know the best way to go about this, or has anyone had to do this when out of the country and can point me in the right direction?

[Old_Dog_Barking 36]

You could start here.

[Hypnos 6,576]

If you didn't pay a taxi fare then you were probably arrested for "theft of goods or services", which is certainly a crime.

As I said above I doubt it will be an issue, assuming you are able to obtain the relevant documentation.