DS-156 question 38

[David and Karen 0]

I am looking for a little input. We are preparing to travel to Montreal next month for our long awaited interview. I will need to bring the DS-156 completed online to the interview.

I have a concern about part of question 38. Specifically as follows:

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Yes No "

Many years ago (over a decade) I was charged. I'm not sure that I was actually arrested. I say this because no police officer came and picked me up. I was called and asked to go in and did and gave a statement etc and was subsequently charged. I had my day in court and was sentenced with a conditional discharge. I fulfilled the conditions and understood as a result no criminal record would be kept. I recently went to the police and was able to have a record search completed using CSIS and it has come back clear. No criminal record just as I expected.

So I am unsure how to answer this. I honestly don't know what access to information they have so I don't want to get myself into trouble later. However, the record search is clear. I wasn't arrested exactly. I'm not sure that a conditional discharge is in fact a conviction. I never applied for or received a pardon. Yet I have no record. Help??!

[solarus 0]

I was also once picked up by the police and taken, hand cuffed, to the station. It was a completely bogus charged initiated by someone I once new that had a history of mental illness, and had just been released from the psyche ward. An absolute freak occurance.

I was cleared and given a ride home by the police 15 min later.

I was not charged and do not have a criminal record - BUT - there was a warrent issued for my arrest and I guess I was arrested ... it was a few yeas ago.

I had my police record check done and it was clear. That was good enough for me.

I answered NO

You can be arrested for anything (mistaken identity, whatever) and then later cleared.

My two cents is to forget about it.

[Dylan'sWife 2]

I actually have a related question,

The section where it asks 'if I have ever been denied entry to the USm subject to a deportation hearing...."

.and the question goes on about trying to otain a visa illegally and what not.

About 8 years ago I was denied entry at the Windsor/Detriot boarder because I did not have sufficent proof citizenship. I was told that I couldn't try to re-enter the US for 24 hours. Would this fall under a YES to that question. I don't want to be untruthful but I'm not sure if my situation falls under the broad scope of that question. I wasn't denied because they suspected immigration fraud but because I couldn't suport my claim of Canadian citizenship.

[Marmoset 0]

David and Karen:

My problem with that question is that it lumped "any arrest at all" up with prostitution and drug smuggling and eating babies and whatnot. So I underlined the first bit (the "any charge at all" bit" and ticked Yes.

What I've got is an Impaired Driving charge from 1992. But I think they just want to know whether or not to ask for your court documents. The interviewer asked me about it very briefly and casually, and said something about impaired driving charges being a big deal if you're immigrating TO Canada, but that it's not the biggest deal in the world in the US. Especially not when the charge is 14 years old and resulted in a $600 fine which I promptly paid.

So, basically, it sounds like you've got even less to worry about that I did.