DS-156 Question

[Caladan 19]

The first question on 'inadmissibility section' of the DS-156 confuses me. I don't understand how you can have one check box for two very different questions.

Does any arrest count as a 'yes', even if it leads to no fingerprinting, no charges, no court date, and no conviction?

[Yodrak 7]

Caladan,

Check yes if either question, or any part of either question, applies.

Check no if no part of either question applies.

An arrest counts.

Yodrak

The first question on 'inadmissibility section' of the DS-156 confuses me. I don't understand how you can have one check box for two very different questions.

Does any arrest count as a 'yes', even if it leads to no fingerprinting, no charges, no court date, and no conviction?

Edited November 3, 2006 by Yodrak

[Caladan 19]

Thanks.

I'm at some loss as to how to proceed. My fiancé was flagged nine or ten years ago for driving while not insured. This resulted in a fine. When he didn't pay the fine, an officer came, picked him up, drove him down to the local jail, where he sat for about eight hours while his dad & uncles paid the fine. That was it. I'm not sure that properly counts as an arrest, but I imagine the term is to be construed as widely as possible for immigration purposes.

His record is completely clear, not just expunged. (We know because his job required a police check.) I know that he's not inadmissible, but if we check 'yes', we'll need some kind of documentation as to what the 'yes' is for. Any suggestions on how we should proceed?

[Yodrak 7]

Caladan,

I don't know if driving uninsured makes one inadmissable or not. But if not you probably will not need any sort of documentation, especially if the event does not show on the police report that he will have to obtain.

If he checks 'yes' they'll ask what, he'll explain, and that will be the end of it if it's not significant. (And if it is significant, he doesn't want to have lied about it by omission.)

Yodrak

Thanks.

I'm at some loss as to how to proceed. My fiancé was flagged nine or ten years ago for driving while not insured. This resulted in a fine. When he didn't pay the fine, an officer came, picked him up, drove him down to the local jail, where he sat for about eight hours while his dad & uncles paid the fine. That was it. I'm not sure that properly counts as an arrest, but I imagine the term is to be construed as widely as possible for immigration purposes.

His record is completely clear, not just expunged. (We know because his job required a police check.) I know that he's not inadmissible, but if we check 'yes', we'll need some kind of documentation as to what the 'yes' is for. Any suggestions on how we should proceed?

[Caladan 19]

Thanks. We definitely don't want to lie about a damned traffic violation.

We'll try to get something from the local police (who might even be RCMP given that he's out in the boonies), but this is practically Dukes of Hazzard territory, what with the uncles bailing him out.

[Jasman0717 9]

Thanks.

I'm at some loss as to how to proceed. My fiancé was flagged nine or ten years ago for driving while not insured. This resulted in a fine. When he didn't pay the fine, an officer came, picked him up, drove him down to the local jail, where he sat for about eight hours while his dad & uncles paid the fine. That was it. I'm not sure that properly counts as an arrest, but I imagine the term is to be construed as widely as possible for immigration purposes.

His record is completely clear, not just expunged. (We know because his job required a police check.) I know that he's not inadmissible, but if we check 'yes', we'll need some kind of documentation as to what the 'yes' is for. Any suggestions on how we should proceed?

I wouldn't think that the failure to pay arrest would be considered a crime of moral turpitude. Take a look at this web site: http://foia.state.gov/masterdocs/09fam/094...definition'

Good luck

[Caladan 19]

Thanks! I've pored through that, and I think we're fine, admissibility-wise. Just wasn't sure whether to check 'yes' or not.