Worried about one question on I-485

[davewolfs 0]

Hello all,

I am filling out my I-485 and have found one question that worries me a little bit.

Question is.

Have you ever, in or outside the United States:

been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

Is it a big deal to answer yes on this? A long time ago outside of the US I was charged but never convicted.

Also, in the US I received a ticket for going off of a trail head at a National Park. This was not a criminal charge and was simply a ticket with a small fine like a traffic ticket.

Should I simply answer yes and not worry about this? Will answering yes be detrimental to the success of my application?

Thanks!

Edited January 20, 2007 by someguyonl1

[tiberonsuave 0]

Hello all,

I am filling out my I-485 and have found one question that worries me a little bit.

Question is.

Have you ever, in or outside the United States:

been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

Is it a big deal to answer yes on this? A long time ago outside of the US I was charged but never convicted.

Also, in the US I received a ticket for going off of a trail head at a National Park. This was not a criminal charge and was simply a ticket with a small fine like a traffic ticket.

Should I simply answer yes and not worry about this? Will answering yes be detrimental to the success of my application?

Thanks!

I would tell the truth.

t

[nathmc31 0]

Hello all,

I am filling out my I-485 and have found one question that worries me a little bit.

Question is.

Have you ever, in or outside the United States:

been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

Is it a big deal to answer yes on this? A long time ago outside of the US I was charged but never convicted.

Also, in the US I received a ticket for going off of a trail head at a National Park. This was not a criminal charge and was simply a ticket with a small fine like a traffic ticket.

Should I simply answer yes and not worry about this? Will answering yes be detrimental to the success of my application?

Thanks!

Well it already states that you dont have to declare the ticket that you got. So thats fine.

How did you immigrate to the US, K1?? Because if you immigrated and didnt need to declare it at the Consulate abroad then you wont need to declare it now, its that simple.

If you dont have a conviction then there is no need to say you committed a crime. Being charged with something doesnt mean that you did it, and in your case you were not convicted, there fore you dont have a record and the record is the only thing that they will be checking.

[Killer_Clown_2009 0]

The question is ---- been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

So yes, you need to answer that question yes and then write a letter of explaination.

[davewolfs 0]

Hello all,

I am filling out my I-485 and have found one question that worries me a little bit.

Question is.

Have you ever, in or outside the United States:

been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

Is it a big deal to answer yes on this? A long time ago outside of the US I was charged but never convicted.

Also, in the US I received a ticket for going off of a trail head at a National Park. This was not a criminal charge and was simply a ticket with a small fine like a traffic ticket.

Should I simply answer yes and not worry about this? Will answering yes be detrimental to the success of my application?

Thanks!

Well it already states that you dont have to declare the ticket that you got. So thats fine.

How did you immigrate to the US, K1?? Because if you immigrated and didnt need to declare it at the Consulate abroad then you wont need to declare it now, its that simple.

If you dont have a conviction then there is no need to say you committed a crime. Being charged with something doesnt mean that you did it, and in your case you were not convicted, there fore you dont have a record and the record is the only thing that they will be checking.

I came here on an L1, when I applied for the L1, I believe they knew about the charges. But I was never convicted. Which is why it was not a problem. That being said, shouldn't I just say yes? The question specifically says to answer yes if you have been charged.

The question is ---- been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

So yes, you need to answer that question yes and then write a letter of explaination.

If you answer yes it does not ask for a letter of explanation. Wouldn't writing a letter possibly do more harm then good? Aren't these questions that they will simply ask in the interview process?

By answering yes, what type of impact can this have on my application?

[Killer_Clown_2009 0]

It says right on the AOS form, above the question section: "if you answer "yes" to any of the following questions, explain on a seperate piece of paper".

Also it says that answering yes does not mean that you are not entitled to adjust status.

I'd answer the question honestly, the person who said you don't need to because there is no criminal record, is telling you to lie when answering the question. This'll look really bad, especially since you think that the issue was already addressed on an earlier visa.

Anyway, I'd answer "yes" - it's up to you if you want to give a brief outline of the situation and why you answered yes or not. Personally I would, then they will know that it was a charge only and not a conviction etc . etc. etc.

[Nancy2015 2]

Hello all,

I am filling out my I-485 and have found one question that worries me a little bit.

Question is.

Have you ever, in or outside the United States:

been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

Is it a big deal to answer yes on this? A long time ago outside of the US I was charged but never convicted.

Also, in the US I received a ticket for going off of a trail head at a National Park. This was not a criminal charge and was simply a ticket with a small fine like a traffic ticket.

Should I simply answer yes and not worry about this? Will answering yes be detrimental to the success of my application?

Thanks!

You should answer "yes" and explain what happened. You will need to provide documents that prove you were charged but not convicted. They will ask for them. You will get a separate sheet with your interview notice that explains what papers they want to see. In your case it's gonna be:

"If you have ever been arrested or detained by a law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, bring:

- An original or court-certified copy of the complete arrest record, and/or disposition for each incident (e.g., dismissal order, conviction record or acquittal order)."

You will need to expalin this, but my best guess is, since you were not convicted, it's not gonna be a big deal. They just need this info.

Good luck!

[davewolfs 0]

Hello all,

I am filling out my I-485 and have found one question that worries me a little bit.

Question is.

Have you ever, in or outside the United States:

been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

Is it a big deal to answer yes on this? A long time ago outside of the US I was charged but never convicted.

Also, in the US I received a ticket for going off of a trail head at a National Park. This was not a criminal charge and was simply a ticket with a small fine like a traffic ticket.

Should I simply answer yes and not worry about this? Will answering yes be detrimental to the success of my application?

Thanks!

You should answer "yes" and explain what happened. You will need to provide documents that prove you were charged but not convicted. They will ask for them. You will get a separate sheet with your interview notice that explains what papers they want to see. In your case it's gonna be:

"If you have ever been arrested or detained by a law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, bring:

- An original or court-certified copy of the complete arrest record, and/or disposition for each incident (e.g., dismissal order, conviction record or acquittal order)."

You will need to expalin this, but my best guess is, since you were not convicted, it's not gonna be a big deal. They just need this info.

Good luck!

When most of the charges occured I was a young offender (Under 18). That being said, I would think that all the information has been destroyed. Canada does not keep records after 5 years of younger offenders and it has been over 10 years for some of these charges. Will this be a problem?

[maya62 7]

I doubt anyone here can answer whether it will be a problem or not. I think the thing you need to make clear to USCIS, if and when the issue comes up, is that you have been truthful and you have been forthcoming.

If it were me, I would check "yes" and include a brief explanation of the situation. I would also at least write a letter to the authority in question (whoever issued you the ticket), and request copies of any documents they may still have concerning the incident. Send the letter registered mail, keep the receipt, a copy of your letter, and of course any reply you may receive in a folder that you can produce if asked at your interview. This way you are showing you've at least made an effort to comply with their instructions. Jewel is right... we received that same paper with our interview notices.

I doubt the ticket would be a big deal, but not being truthful or forthcoming would be.

Best wishes!

Maya

edited for punctuation

Edited February 16, 2007 by maya62

[bostonparis 0]

Answer truthfully. If you were charged, you should answer "Yes." It's not complicated.

[davewolfs 0]

I doubt anyone here can answer whether it will be a problem or not. I think the thing you need to make clear to USCIS, if and when the issue comes up, is that you have been truthful and you have been forthcoming.

If it were me, I would check "yes" and include a brief explanation of the situation. I would also at least write a letter to the authority in question (whoever issued you the ticket), and request copies of any documents they may still have concerning the incident. Send the letter registered mail, keep the receipt, a copy of your letter, and of course any reply you may receive in a folder that you can produce if asked at your interview. This way you are showing you've at least made an effort to comply with their instructions. Jewel is right... we received that same paper with our interview notices.

I doubt the ticket would be a big deal, but not being truthful or forthcoming would be.

Best wishes!

Maya

edited for punctuation

Ok, I am definately going to answer yes. That is not an issue.

My next question is, what are the required details for my explanation?

Regarding my charges as a young offender, I simply recall receiving alternative measures and having to do probation and community service for one of the incidents. These charges and arrests occured over 10 years ago as a youth and I dont recall exactly what they were or when they happened, is it ok to be vague? I truly do not recall all details.

Also, the charges that were received as an adult that were dropped, can I simply state that I was charged and they were dropped? Do I have to list all charges? I recall what one of the charges were, but not the rest.

In the meantime I have contacted my criminal lawyer to pull my records on the case showing that I was dismissed of all charges in case I need these documents later.

Just a note, I have had several work visas and have at times been grilled for these blips on my record (i.e. being asked if i have ever been in trouble with the law) but have never been denied entry.

[irishgirl73 0]

My man was convicted of drunk & disorderly conduct in Dublin(twice). He paid a fine of $300 Euro for one & the other was thrown out. We ticked "yes" on the form for the k-1 and they did request his court records at his interview. It held us up for weeks trying to get them and then after all that they didn't want them & he was approved right away. They couldn't deny him because of a drunk & disordely.

I will be ticking 'yes" on the I-485 as well. I will explain his charges, if they want court records I will get them. I am just going to write down that they were all drinking on St. Patrick's Day, being rowdy and they got arrested. No more-no less.

I would definetly answer "yes" If I were you.

Edited February 16, 2007 by irishgirl73

[JenT 0]

Never, ever, lie to US immigration.

FYI - it is a violation of the TOS of this board to counsel otherwise.

[davewolfs 0]

Never, ever, lie to US immigration.

FYI - it is a violation of the TOS of this board to counsel otherwise.

I wish people would read the rest of the posts I AM GOING TO ANSWER YES AND HAVE NO INTENTIONS OF LYING.

Some of my charges occured between ages 11 and 14, I am now almost 30 so I really do not recall dates or the exact nature of the charges were. Do I need to pull this?

[JenT 0]

Never, ever, lie to US immigration.

FYI - it is a violation of the TOS of this board to counsel otherwise.

I wish people would read the rest of the posts I AM GOING TO ANSWER YES AND HAVE NO INTENTIONS OF LYING.

Some of my charges occured between ages 11 and 14, I am now almost 30 so I really do not recall dates or the exact nature of the charges were. Do I need to pull this?

My comment was directed to those who have, or are tempted to counsel you otherwise.