Arrest affecting K1 Visa interview

[bt58 0]

Hello guys, I’m applying for K1 and I’m a little bit confused. During my previous visit to US I was arrested for being on the rooftop of the residential building and I was released the same day. There’s a question in DS-160 form “have you ever be arrested?” and only yes or no choices without possibility to explain. I’m gonna press yes and the officer will definitely ask me about it during the K1 Visa interview. Should I just explain the incindent or I have to provide something like disposition etc? 

 

Thank you in advance. 

[Hypnos 6,578]

What were you actually arrested for? (being on a rooftop isn't a crime) 

 

You must obviously answer Yes, and you'll be asked about it. Obtaining the case disposition from the agency that arrested you would probably be a good idea too. 

[bt58 0]

1 minute ago, Hypnos said:

What were you actually arrested for? (being on a rooftop isn't a crime) 

 

You must obviously answer Yes, and you'll be asked about it. Obtaining the case disposition from the agency that arrested you would probably be a good idea too. 

I don’t actually know what for. I was at the roof of the project building and when I went out cops arrested me and said that it’s high crime area and I shouldn’t be here. They took me to the station and searched for drugs and in an hour they gave me the ticket and let go. There’s no sight of anything saying what I was arrested for. 

 

How can I get such a document? Can my fiancé go to nypd and get it for me? 

 

Thank you. 

[bt58 0]

37 minutes ago, Hypnos said:

What were you actually arrested for? (being on a rooftop isn't a crime) 

 

You must obviously answer Yes, and you'll be asked about it. Obtaining the case disposition from the agency that arrested you would probably be a good idea too. 

I found the ticket and it says PL 140.10 traspassing 

[SabRob 154]

Trespassing doesn't make you criminally inadmissible into the US. You don't have to explain on the DS-160, don't you have to bring a police certificate to the interview anyway?

If the CO brings it up, explain the situation.

[bt58 0]

3 minutes ago, SabRob said:

Trespassing doesn't make you criminally inadmissible into the US. You don't have to explain on the DS-160, don't you have to bring a police certificate to the interview anyway?

If the CO brings it up, explain the situation.

Yeah but I was arrested in US but in my home country 

[TNJ17 1,329]

USCIS already knows this if your petition was already approved because USCIS runs a background check on you. I would obtain the records of you arrest and take them to the interview if I were you just in case it’s brought up. And the obvious answer to your question is yes you must answer yes. 

[bt58 0]

4 minutes ago, TNJ17 said:

USCIS already knows this if your petition was already approved because USCIS runs a background check on you. I would obtain the records of you arrest and take them to the interview if I were you just in case it’s brought up. And the obvious answer to your question is yes you must answer yes. 

Thank you for the answer. And how can I get such record as long as I’m outside the US now?

[Hypnos 6,578]

I figured it would be trespassing; it was the only charge that really made sense for your circumstances.

 

If you were arrested by the NYPD then you can apparently apply for records here: https://www1.nyc.gov/site/nypd/services/law-enforcement/record-requests.page though it indicates for "good conduct certificates" you must apply in-person. Perhaps there's a way to do it long-distance if you're not in the US, however. 

 

"Any additional questions regarding Certificates of Conduct and Non-Criminal Fingerprints can be directed to the Public Inquiry and Request Section at 646-610-5541."

 

Perhaps give them a call and see what options you have.

 

There's also this: https://www1.nyc.gov/site/nypd/bureaus/administrative/document-production-foil-requests.page

Edited December 8, 2017 by Hypnos