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YES/NO to I-485 'Moral Turpitude' if CPS case is false-alleged and closed ?

By keye in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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keye Newbie

keye   0

Posted
Filed: Timeline
Posted

I actually already submitted the questionnaires for I-485 and said 'NO' to below. Today I just searched online and wondering if I should said 'YES' then explained ??

Form I-485, Q1a:
"Have you ever, in or outside the United States, knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?" (If 'Yes' explain on seperate piece of paper).

Long story short:
Back on sep 2012 I was away for vacation with my visiting parents. My ex-wife called CPS during my absence and accused me child neglect and alleged me threaten to kill my daughter. Then CPS called me when I was still on vacation, of course I denied what my ex alleged. When I came home she already moved out of the house and filed divorce against me. Later I had some voice mail exchanges with CPS and finally got to talk with them, I told them everything was made up by my ex in order to get full custody, and they said they will close the case because lack of evidence. Later I know the case was closed via my attorney because we had a fight for move-away order on 2013. The facts is that I was never arrested for that false allegations, either do I heard from CPS regarding the case since.

I really didn't feel it is a big deal earlier, but I am wondering if I should said 'NO' or said 'YES' (but I didn't commit ??) and explain ?


Any idea is well appreciated!

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

No was correct.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

keye Newbie

keye   0

Posted
Filed: Timeline
  • Author
Posted (edited)

My concern is that if I should mention it to them now or let them find out and then turn back to me for RFE?? Or, is it possible they would deny my I-485 without RFE if I don't tell them now ??

My attorney back then told me this should not affected my green card application as it's not showing up in 'criminal report'. However I heard green card background check will also check CPS records. I am not worried about they find out as it's closed as no evidence and I am innocent myself.

To be honest, my impression is whenever a woman file case like this against the husband people will incline to them no matter what. Anyway it just looks stupid to me if they will consider this kind of case merit, as anyone can make false allegations, especially when they want to divorce the spouse.

And finally thanks Hypnos for assuring my 1st question.

No was correct.

Edited by keye
Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You weren't convicted (or arrested, for that matter), so there is nothing to show up.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

keye Newbie

keye   0

Posted
Filed: Timeline
  • Author
Posted (edited)

thx Hypnos. I saw online that CPS record is not public but only law enforcement can see when they run their own background check (not sure that is even true and also determined by 'convicted' or not).

Any idea if that's real ? I know the questions seem to go too far but just want to know.

You weren't convicted (or arrested, for that matter), so there is nothing to show up.

Edited by keye
Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I don't think anything is going to show up.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

wavj Community Regular

wavj   26

Posted
Filed: AOS (apr) Country: Mexico
 Timeline
Posted

someone responded to one of my questions saying that I should always answer with the truth because they will find out anything about us with our finger prints. My questions was about receiving a type of assitance for my son. I do understand and take this seriously by answering with the truth, but how are they going to find out EVERYTHING about us if we are not asked for finger prints for each tramit or situation -like yours in this case- ? Again I have no intetions to lie or hide anything, then a lawyer advise me to not VOLUNTEER any information that is irrelavant while here I am advised to answer the questions with all detail.

dAdjusting from F1

05/21/14 Package sent via FedEX

05/23/14 (day 1) Package delivered Chicago Lockbox 10:29am signed by J.Chyba

05/29/14 (day 6) emal/txt message NOA1

06/03/14 (day 11) paper NOA1 arrived in the mail

06/07/14 (day 15) Biometrics notice in the mail/ appointment June 19, 2:00pm

06/19/14 (day 27) Biometrics done

06/26/14 (day 34) email notification I-485 case status "Testing and Interview"

07/18/14 (day 56) email/txt notification Interview letter was sent on the mail. Interview date 08/20/14

07/21/14 (day 59) hard copy in the mail for AOS interview date

08/05/14 (day 74) email/txt notification EAD card is in production (59 days after Biometrics)

08/08/14 (day 77) email/txt notification EAD card has been mailed

08/09/14 (day 78) EAD in hand (4 days after "card production" notification)

08/20/14 (day 89) AOS Interview -APPROVED!!! 2 hrs after interview received text/email notification "card in production". 5 hrs after interview received text/email notification I-130 has been approved/notice of permanent resident status has been registered

08/28/14 (day 97) NOA2/Welcome to USA notice arrived in the mail

08/28/14 (day 97) email/txt notification Green Card has been mailed with tracking # -sent priority mail 2-Day

08/29/14 (day 98) GREEN CARD in hand delivered at 1:17pm . Yes it is green! :dance::D:dance::D:dance::D:dance:

RoC

08/01/16 I-751 sent via USPS Express Mail

08/02/16 (Day 1) Package delivery confirmation USPS 10:17am PDT

08/04/16 (Day 3) Check cashed

08/06/16 (Day 5) NOA I-797 Received on the mail dated 08/02/2016

09/20/16 (Day 50) 45 days after receiving NOA -1yr permit extension- I filed service request to inquire about Biometrics appointment letter

09/29/16 (Day 59) Biometrics appointment letter received dated 9/24/16

10/11/16 (Day 71) Biometrics completed. *Also, received on the mail response letter from previous service request filed with copy of Biometrics appointment letter.

11/11/17 (Day 466) Case Status changed to New Card Production

11/16/17 (Day 471) Case Status indicate  New Card being sent on the mail .:dance::dance::D:dance::dance::dance:

11/17/17 (Day 472) I-797  Notice of Removal of Condition being approved received in the mail.

11/20/17 (Day 475/15 months 18 days) New Lawful Permanent Resident arrived in the mail; card in hand at last! :dancing:

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

MrsHall, lying to an exact question is very different from not volunteering information. They can be in no way compared.

To be successful in this process, you must be able to read accurately, interpret literally, and answer accordingly. The question asks the OP if he has knowingly committed a crime, which he has not. For your question, it asks if you have ever received government assistance, which you have. OP answers no, you answer yes.

These situations are vastly different from one another.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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