Arrest but no charge

[Nina-1 4]

19 minutes ago, kid1412 said:

That’s what I thought. It should be “yes” to if you were ever arrested and “no” to if you were ever convicted and OP can explain from there, it was a mix-up, wrong place wrong time, I was arrested and later released no charge whatsoever blah blah blah

What is OP?

[payxibka 10,045]

2 minutes ago, Nnnnnn said:

There is another for drugs right? I haven’t ever taken drugs or anything like that, my concern of answering no would for them to argue the arrest by equally I’m not going to say yes to something I didn’t do.

almost thinking it would better to me to apply, state yes to arrest, explain situation and in process of asking local police to remove this record. 

What I don’t want is to do the wrong thing and get refused, but equally I have seen that drug offenses is a massive no entry. 

I was sort of under the impression of it did not appear on my police certificate then it wouldn’t need to be disclosed. I really am not sure and that is why I posted as I don’t want to put in jeopardy my approval. 

The next question is have you ever violated or engaged in a conspiracy to violate any law relating to a controlled substance.   

[Nina-1 4]

Just now, payxibka said:

The next question is have you ever violated or engaged in a conspiracy to violate any law relating to a controlled substance.   

That’s where I found myself questioning my answer. I haven’t and I know I haven’t but would my arrest go against my answer of no. Does that make sense? I’m saying no but I have an arrest of a drug offence. 

[kris&me 572]

1 hour ago, Nnnnnn said:

Hi all, 

 

im really stuck with a situation involving an arrest that happened to me when I was 17.

basically, I was arrested with possession with intent. However, I was not actually charged (i would also like to use this time to say I actually was in the wrong place at the wrong time and had no involvement with these drugs, they was thrown on the ground so I was arrested as a part of the police process) I work for my local police so I know I don’t have s criminal record as I was vetted to highest standard when I got my job.

i do not have a criminal record, however I did a freedom of information request and this popped up. I have applied for this to be deleted from my police check record and just waiting back. My fear is that they will not delete and this will be used as a reason for refusal. Does anyone know where I would stand with this non charge offence? There is some exceptions to ineligibility but not sure if this fits, legal advice is just going to cost too much. 

Thankyou in advance for any feedback. 

I don't know your age now but even if expunged,  if the arrest appeared in a newspaper (and was posted online)  the info is still there

once online 

always online

so if immigration googles your name,  it could show up/ don't know if they ever do

but try to google it yourself

[payxibka 10,045]

2 minutes ago, Nnnnnn said:

That’s where I found myself questioning my answer. I haven’t and I know I haven’t but would my arrest go against my answer of no. Does that make sense? I’m saying no but I have an arrest of a drug offence. 

But you never violated the law therefore question 2 can be answered no and not be in conflict with the previous question.   I also think that your response to the arrest question is not only wrong place wrong time but also because of the level of vetting you were subjected to for your employment give credence to your story

[kid1412 62]

9 minutes ago, payxibka said:

The next question is have you ever violated or engaged in a conspiracy to violate any law relating to a controlled substance.   

That would be a “no”

[Ontarkie 14,218]

The best thing to do it mark yes. 

There should be a space to explain what happened if not enough space add an additional page explaining. It is always best to mark yes with an explanation rather than no and they find out.

[Nina-1 4]

6 minutes ago, kris&me said:

I don't know your age now but even if expunged,  if the arrest appeared in a newspaper (and was posted online)  the info is still there

once online 

always online

so if immigration googles your name,  it could show up/ don't know if they ever do

but try to google it yourself

Was never in the newspaper. There was no charge and arrest was a formality. 

[kid1412 62]

2 minutes ago, payxibka said:

But you never violated the law therefore question 2 can be answered no and not be in conflict with the previous question.   I also think that your response to the arrest question is not only wrong place wrong time but also because of the level of vetting you were subjected to for your employment give credence to your story

Agreed. If OP answer “no” to the arrest question, the risk is too great. If he gets caught and the CO has a bad day, he might even charge him with material mispresentation 6c1 then he’s toast. Answer “yes” might invite some questions but it easily defensible with all sorts of evidence that OP did nothing wrong. 

[kid1412 62]

15 minutes ago, Nnnnnn said:

What is OP?

That is you, original poster

[Nina-1 4]

5 minutes ago, payxibka said:

But you never violated the law therefore question 2 can be answered no and not be in conflict with the previous question.   I also think that your response to the arrest question is not only wrong place wrong time but also because of the level of vetting you were subjected to for your employment give credence to your story

That’s what I am thinking. I am applying to get it removed as I didn’t do anything wrong and as much as I understand police formalities I don’t agree that this should pop up and cause stressful situations like this. I shouldn’t be worried about getting a visa when I have not done anything wrong. Thankyou for all your advice and assistance very much appreciated.

[Nina-1 4]

4 minutes ago, kid1412 said:

Agreed. If OP answer “no” to the arrest question, the risk is too great. If he gets caught and the CO has a bad day, he might even charge him with material mispresentation 6c1 then he’s toast. Answer “yes” might invite some questions but it easily defensible with all sorts of evidence that OP did nothing wrong. 

I’m starting to see this more now. Thankyou very much

[Nina-1 4]

On the back of this, would any of you wait for the decision to come back about deleting the record or just apply as it is. If I’m going to have to declare it regardless. Decision can take 30ish days and as you are all aware everything is just so relentlessly slow as it is. Our 129 petition expires end of December. 

[John & Rose 7,239]

1 hour ago, kid1412 said:

That’s what I thought. It should be “yes” to if you were ever arrested and “no” to if you were ever convicted and OP can explain from there, it was a mix-up, wrong place wrong time, I was arrested and later released no charge whatsoever blah blah blah

Are we talking petitioner or beneficiary?  The question on the I-129f is for the petitioner.  The OP is the beneficiary.  The beneficiary does not fill out the petition.  This is all about the US citizen.  

Edited October 24, 2018 by John & Rose

[payxibka 10,045]

41 minutes ago, John & Rose said:

Are we talking petitioner or beneficiary?  The question on the I-129f is for the petitioner.  The OP is the beneficiary.  The beneficiary does not fill out the petition.  This is all about the US citizen.  

John, read the sixth post in the thread.  OP clarifies that the petition has been approved and he is concerned about the ds160 which is all about him