I751 Criminal History. Yes or No help! Open Container, Public Urination etc

[panteraboy 0]

Q20 on I-751 form asks, " Have you ever been arrested, detained, charged, indicted, fined or improsioned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime which you were not arrested in the United States or abroad?

Before being approved of Conditional Residency, I have had:

1. Open Container summons
2. Walking through Emergency Door inside a Subway station without swiping/paying summons.
3. Fine for having expired ticket in a NJ train summons

I believe the highlighted key terms above are relevant to my history. I just realized that I had said No to the same question on my I-485 application in spite of the violations 1, 2 and 3. Because, I thought these were too petty and did not apply. I was not trying to hide anything.

But, since being approved of my Conditional Residency, I have had:

4. Public Urination Summons : I paid a minimal fine and pleaded guilty.

I don't want to say NO and receive a bigger penalty or even get my permanent residency revoked. These are all the violations I have EVER had.

So I should say YES or NO to the question on I751 related to Criminal History

Please help. II am putting together a package to remove condition on my residency. Thank you

Edited July 15, 2013 by NYC4Life

[Harpa Timsah 13,258]

The answer is YES and should have been YES the first time. Expect some trouble because you lied the first time.

[panteraboy 0]

The answer is YES and should have been YES the first time. Expect some trouble because you lied the first time.

Ever signed any waivers? Do you read everything? I did my I-485 on my own and just breezed over the terms as opposed to analyzing each and every term. It did not even occur to me.

But, this time I was actually reading it really well. And, I asked a Lawyer friend of mine. That's why I am more concerned and want to tell everything.

I don't want them to think exactly what you thought, which was I lied...even though I had explained above.....

But, thanks for your reply.

[Harpa Timsah 13,258]

Ever signed any waivers? Do you read everything? I did my I-485 on my own and just breezed over the terms as opposed to analyzing each and every term. It did not even occur to me.

But, this time I was actually reading it really well. And, I asked a Lawyer friend of mine. That's why I am more concerned and want to tell everything.

I don't want them to think exactly what you thought, which was I lied...even though I had explained above.....

But, thanks for your reply.

You lied on your application. It was not fine print, but a simple question. You did not tell the truth. That is misrepresentation.

The question was, "have you ever been arrested or fined, etc.?" And you decided that even though you have, it didn't "count?"

The answer is YES and this will come out and you will have to deal with it. If the infraction is severe enough they can deport you.

You are attacking me so I will not comment further.

[Dave&Roza 748]

Ever signed any waivers? Do you read everything? I did my I-485 on my own and just breezed over the terms as opposed to analyzing each and every term. It did not even occur to me.

But, this time I was actually reading it really well. And, I asked a Lawyer friend of mine. That's why I am more concerned and want to tell everything.

I don't want them to think exactly what you thought, which was I lied...even though I had explained above.....

But, thanks for your reply.

Okay you did not lie, you committed perjury as the statement above our signature on the I-485 very clearly states "...that the information provided on this application is all true and correct." You should understand that any time you put your signature on a document for the US government and it has the I affirm that the information is true and correct or I am committing perjury, you need to make damn ceratin that the information is true and correct. Bill Clinton was impeached and almost removed from office for committing perjury. I agree with Harpa that you should have stated "YES" before and should state "YES" now and let the chip fall where they may--it is too late to go back, but do not make it worse by continuing the perjury yourself.

I wish you well,

Dave

[panteraboy 0]

You lied on your application. It was not fine print, but a simple question. You did not tell the truth. That is misrepresentation.

The question was, "have you ever been arrested or fined, etc.?" And you decided that even though you have, it didn't "count?"

The answer is YES and this will come out and you will have to deal with it. If the infraction is severe enough they can deport you.

You are attacking me so I will not comment further.

Firstly, thank you for commenting even though you thought I was attacking you somehow. I apologize for the tone it might have come across.

Truthfully, it did not even occur to me when I filed it 2 years ago. If I had researched the questions I would have put it as it was....

Anyways, thanks.

Okay you did not lie, you committed perjury as the statement above our signature on the I-485 very clearly states "...that the information provided on this application is all true and correct." You should understand that any time you put your signature on a document for the US government and it has the I affirm that the information is true and correct or I am committing perjury, you need to make damn ceratin that the information is true and correct. Bill Clinton was impeached and almost removed from office for committing perjury. I agree with Harpa that you should have stated "YES" before and should state "YES" now and let the chip fall where they may--it is too late to go back, but do not make it worse by continuing the perjury yourself.

I wish you well,

Dave

Thank you Dave. It's been a saddening realization that consequences this could have. The bottom line is that it will be a perjury. I am going to go see an immigration for the first time. I did everything myself the last time. May be that was a mistake....

Thanks

[VanessaTony 3,567]

Well, I don't think those are material misrepresentations. Misreps yes, material no. Material means that had they known, you wouldn't have received your GC. None of them really seem serious enough except you *might* have an issue with "good moral character".

You have to say yes, you have to send court paperwork.

Unfortunately, you admit that you remembered at the time of filling in the I-485 paperwork that they existed but that you thought they were "petty". So yes, you lied on the form. It wouldn't have been a lie had you not remembered them.

I agree with your analysis that you're better off having a chat with an immigration attorney to see what you need to do to save your status.

Good luck!

[AnotherLostSoul 167]

Guys (Kenya, India posters) calm down! This is not the place to attack one another and be disrespectful. OP: just check mark yes, and if if they ask you about it you'll tell them the truth. Honesty is very highly valued and USCIS might going to be more forgiving if you honestly tell them what you have told us, including the fact that you signed forms without actually reading them through. You realized it now, you know you f-ed up on the I-485 back at the time, and you deeply feel c.r.a.p. about it. And like someone else mentioned, although your violations are not the one that you'll be ever proud of, they are not of what a criminal mind has in store. Good luck to you!

[Penguin_ie 5,994]

**** several posts removed. If you cannot give constructive advice, do not post *****

[panteraboy 0]

Thank you for your reply. I am not worried about the petty things I did while partying in college. I forgot about them like I have about parking tickets.

After having a friend lawyer see my I751 form is when he mentioned how Everything needs to be mentioned and I sort of freaked out....

I will see an immigration lawyer and take it from there. Appreciate your advice

Well, I don't think those are material misrepresentations. Misreps yes, material no. Material means that had they known, you wouldn't have received your GC. None of them really seem serious enough except you *might* have an issue with "good moral character".

You have to say yes, you have to send court paperwork.

Unfortunately, you admit that you remembered at the time of filling in the I-485 paperwork that they existed but that you thought they were "petty". So yes, you lied on the form. It wouldn't have been a lie had you not remembered them.

I agree with your analysis that you're better off having a chat with an immigration attorney to see what you need to do to save your status.

Good luck!

[panteraboy 0]

Thank you so much for the encouragement and your advice!

Guys (Kenya, India posters) calm down! This is not the place to attack one another and be disrespectful. OP: just check mark yes, and if if they ask you about it you'll tell them the truth. Honesty is very highly valued and USCIS might going to be more forgiving if you honestly tell them what you have told us, including the fact that you signed forms without actually reading them through. You realized it now, you know you f-ed up on the I-485 back at the time, and you deeply feel c.r.a.p. about it. And like someone else mentioned, although your violations are not the one that you'll be ever proud of, they are not of what a criminal mind has in store. Good luck to you!

[Cheezees 1,514]

Panteraboy,

You are clearly not a hardened criminal. However, your misrepresentations are an issue. The reason you lied on the form was clearly not to conceal the information but because you thought they were too minor to mention. (Note this is different from forgetting altogether) People make mistakes and this is yours (it should come with feelings of anxiety, worry, dread, etc. - all normal, in fact, you should be feeling badly about this). I would write a letter detailing the mistake that you made. If your circumstances are as you stated, no deception was intended. USCIS would/should not take the "No, now Yes" issue lightly but if an honest mistake was made, they also do not send you to the gallows. Again, a letter detailing why your answer has changed is MUCH BETTER than just changing the answer (and silently hoping they don't notice).

I think a lot of people would be offended by the word "lie", but that is what it was. I lie and tell my husband that the rice and peas he made for dinner tasted great. Would you call me a liar? Perhaps not. Did I lie? Yup!

[minae 5]

Well, I don't think those are material misrepresentations. Misreps yes, material no. Material means that had they known, you wouldn't have received your GC. None of them really seem serious enough except you *might* have an issue with "good moral character".

You have to say yes, you have to send court paperwork.

Unfortunately, you admit that you remembered at the time of filling in the I-485 paperwork that they existed but that you thought they were "petty". So yes, you lied on the form. It wouldn't have been a lie had you not remembered them.

I agree with your analysis that you're better off having a chat with an immigration attorney to see what you need to do to save your status.

Good luck!

Anyone could have make the same mistake the OP made. In fact, am still unclear based on what I saw on ROC which give exemption to some violation. I feel there is a difference when you get a ticket and when you are arrested, or is it suppose to mean the same thing in this case? Will get a traffic or parking ticket mean YES to arrest?

On the other hand, Congrats VanessaTony on your Naturalization!