Arrest but no charge

[Pennycat 880]

6 minutes ago, payxibka said:

It's called thread piling on when a poster reacts before reading the entire thread and thus your subsequent realization.   No need to apologize 

 I did read the entire thread, OP hasn't replied since John realized his mistake (and frankly, it's not the greatest advice to answer someone you think is a newbie with a final-sounding answer for only one stage of the application anyway-- most people are often concerned about the overall picture and newbies often don't know the difference--- an issue not addressed) and no one yet had brought up the fact that this will be an issue during AOS as well, with links to the relevant portion of the application. 

 

I chose the worst bit of advice on the entire thread to clear that up and tagged the OP to be sure he saw it (again, he hasn't responded since John realized it was a mistake), and alert him to the AOS problem.

[payxibka 10,045]

3 minutes ago, Pennycat said:

 I did read the entire thread, OP hasn't replied since John realized his mistake (and frankly, it's not the greatest advice to answer someone you think is a newbie with a final-sounding answer for only one stage of the application anyway-- most people are often concerned about the overall picture and newbies often don't know the difference--- an issue not addressed) and no one yet had brought up the fact that this will be an issue during AOS as well, with links to the relevant portion of the application. 

 

I chose the worst bit of advice on the entire thread to clear that up and tagged the OP to be sure he saw it (again, he hasn't responded since John realized it was a mistake), and alert him to the AOS problem.

Your aos info was new valid content,  however,  since a majority of the posters in the thread did have the scenario right and had previously informed John of his error your clearing up was still unneeded as it had already been cleared.   All you did was pile on.  

[Fernando&Steven 54]

I was paying close attention to the I-29F the section 3 where it asks for Criminal history, I thought it was for the beneficiary not for the petitioner. I was told that was for the beneficiary because that is the person migrating to the US.

Now I am a little bit worry because I do have criminal history that luckily was expunged and sealed but I did not disclose it. thinking that it was part of the beneficiary section.

[Pennycat 880]

10 minutes ago, payxibka said:

Your aos info was new valid content,  however,  since a majority of the posters in the thread did have the scenario right and had previously informed John of his error your clearing up was still unneeded as it had already been cleared.   All you did was pile on.  

 

And, again, OP has not seen John's confirmation of his mistake, nor has it been acknowledged that giving advice about something as serious about an arrest and limiting it to one narrow part of the process is potentially not the best move. No one is tying to "pile on" anything, and your accusation that I didn't read the thread first is false. Additional (not repeated) clarification of what the mistake is and how that effects the advice given to OP never hurts, and in this case, in my opinion was very much needed. 

 

Further, I don't believe that you're a moderator and I also think that telling other people what the can and cannot write about may be a violation of the TOS.

[TM92 527]

13 minutes ago, Fernando&Steven said:

Now I am a little bit worry because I do have criminal history that luckily was expunged and sealed but I did not disclose it. thinking that it was part of the beneficiary section.

You perjured as per the I-129F and its instructions:

Quote

I have read and understand every question and instruction on this petition and my answer to every question.

Quote

By signing this petition, you have stated under penalty of perjury (28 USC section 1746) that all information and documentation submitted with this petition is complete, true, and correct.

[Rob Beri 68]

On 10/24/2018 at 3:41 PM, John & Rose said:

Expunged or not doesn't matter.  You have to report the arrest and give the information that is required.  Your refusal would be for not disclosing the information.  The arrest won't matter as much as your honesty in reporting it.  

 

Answer "yes" to the arrest question and always be honest...

 

Here is why.  I was arrested in 1990 for a misdemeanor battery.  The charges were dropped and the arrest was expunged.  There is NO public record at the arresting department, county court or state.  It is completely off my public record.  I followed advice of an agency I paid to help me and I answered "no".  After all, the arrest was removed by the circuit court and no record of it exists at all.  We were denied during AP AFTER THE INTERVIEW because I failed to disclose information.  The arrest would not impact the petition but not disclosing it did.  Just ALWAYS be honest.  They know and they have access to the Federal Crime Database.  There may be no public records but they are NEVER removed from the Federal database.

 

If you read the directions closely (I didn't) it states to report ANY arrest even if expunged and even if someone tells you not to disclose it.  I really wish I looked closer when I originally filed.

 

All this is due to the Adam Walsh Act and the IMBRA Law.  The US Government wants to make sure that the beneficiary really knows all about the petitioner.  There are no criminal background questions on the I-130 (Spousal visa).

I was arrested for what would fall into the category of dating violence. However, all I can get is a court certified copy of disposition. The document states that I was arrested, charged, and that my charges were dismissed. However, I have no document from the court or police stating why I was arrested. Is my support sufficient? Also, how did you overcome the denial? 

[John & Rose 7,239]

6 minutes ago, Rob Beri said:

I was arrested for what would fall into the category of dating violence. However, all I can get is a court certified copy of disposition. The document states that I was arrested, charged, and that my charges were dismissed. However, I have no document from the court or police stating why I was arrested. Is my support sufficient? Also, how did you overcome the denial? 

Give all you can find. The certified court docs you mention may be enough. 
 

We ended up getting married and did the spousal visa. 

[Rob Beri 68]

1 minute ago, John & Rose said:

Give all you can find. The certified court docs you mention may be enough. 
 

We ended up getting married and did the spousal visa. 

Did the spouse visa get you approved?

[John & Rose 7,239]

On 11/27/2019 at 10:35 PM, Rob Beri said:

Did the spouse visa get you approved?

Yes, quickly and easily.  We were just 9 months from filing to VOH.  No questions at all.

[Rob Beri 68]

10 hours ago, John & Rose said:

Yes, quickly and easily.  We were just 9 months from filing to VOH.  No questions at all.

I am glad you overcame this. Hopefully, it will go smooth for us too. 

Edited December 3, 2019 by Rob Beri

[NoMansLand2020 298]

On 10/24/2018 at 1:33 PM, 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. 

Expunged, sealed, dropped or the likes.  If you have ever been arrested, charged or the likes...you need to report it and provide criminal records from your local or state record dept and you need to admit it on the form.  If you don't you are not being forthwith and could very well dig yourself into a deep hole.

[Ontarkie 14,218]

~~Zombie thread locked to further replies. Please do not post questions for your own case in other members threads.~~