plea of abeyance need to be admitted on AOS form?

[carakm 0]

I'm a Canadian on a student visa and just got married (Nov. 23rd, 2012). I'm applying for my AOS and all of my forms are finished except I have one question, on form i-485 it asks the question "Have you EVER, in or outside the United States: ... b) been arrested, cited, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?"

my junior year of college some friends and I went into our football stadium at night and were caught and were cited for trespassing. We entered a plea in abeyance which our lawyer and the judge said if the terms were met (no other charges for 6 months) it wouldn't go on our record or anything and we wouldn't be convicted. I met the terms and so now my questions is do I need to say yes on the form because technically I was cited initially, even though i wasn't convicted and it was supposedly "erased from my record"?

Thanks for your help!

[Darnell 8,478]

caught = arrested, so please have another rethink.

[C-ma'am 684]

So, Yes.. you were.

[carakm 0]

caught = arrested, so please have another rethink.

I don't think I was arrested. There was a policeman outside and he just wrote our names down and said we'd have to go to court. But maybe that counts as being arrested?

I'm not trying to get out of anything, i'm just scared If I do put yes will it affect my chances of getting permanent residency.

[C-ma'am 684]

The question says "Have you EVER, in or outside the United States: ... b) been arrested, cited, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?" Even if you weren't arrested, you said you were cited for trespassing

You can always consult with a lawyer.

[Harpa Timsah 13,258]

If you lie and say no, you will be denied for certain and banned forever. Answer the question. The answer is YES. It should not make you inadmissible, but lying about it will you make you inadmissible.

USCIS will see all expunged records. The question is not about legal terms or secrets, it's a very simple question. Have you ever been cited. You're trying funny business and you should not do that.

[carakm 0]

Thank you for your replies. I'll put yes and hopefully it will all work out.

[ValerieA 350]

You should put yes, but I don't think you have to worry about it - just make sure you explain in the space provided what happened. I had a criminal record (DUI) and it was not an issue.

[carakm 0]

You should put yes, but I don't think you have to worry about it - just make sure you explain in the space provided what happened. I had a criminal record (DUI) and it was not an issue.

Thank you! While we shouldn't find pleasure in each others mistakes ha, it makes me feel a little better than someone dealt with something "similar" and it was okay!