i-485 Question

[Angela & Brendon 160]

Hi all,

 

I have a quick question. In filling in the i-485, they ask the question "Have you ever been arrested, cited, charged, or detained for any reason by any law enforcement official(including but not limited to any U.S. immigration official or any official of the U.S armed forces or U.S. Coast Guard)?"

 

I was running for a train in New York in 2018, and ran through an open turnstile without swiping my Metrocard. An officer stopped me and took my details, I got a fine which I paid the following day, and the officer said as long as I paid the fine on time it wouldn't go on my record. However, would this count as being detained by law enforcement? Thanks!

[JeanneAdil 6,505]

Nope

Detained is a little more serious

 

If the person has been detained pending an investigation or questioning, he or she may remain in a local or county jail until read his or her Miranda Rights so he or she may acquire a lawyer. Being detained by police is often the first step before an investigation into a possible crime occurs.

[Chocobo 196]

56 minutes ago, Angela & Brendon said:

Hi all,

 

I have a quick question. In filling in the i-485, they ask the question "Have you ever been arrested, cited, charged, or detained for any reason by any law enforcement official(including but not limited to any U.S. immigration official or any official of the U.S armed forces or U.S. Coast Guard)?"

 

I was running for a train in New York in 2018, and ran through an open turnstile without swiping my Metrocard. An officer stopped me and took my details, I got a fine which I paid the following day, and the officer said as long as I paid the fine on time it wouldn't go on my record. However, would this count as being detained by law enforcement? Thanks!

What you're describing here is more like a parking or speeding ticket.  It would not count.

[Angela & Brendon 160]

40 minutes ago, JeanneAdil said:

Nope

Detained is a little more serious

 

If the person has been detained pending an investigation or questioning, he or she may remain in a local or county jail until read his or her Miranda Rights so he or she may acquire a lawyer. Being detained by police is often the first step before an investigation into a possible crime occurs.

Thanks for the clarity!

[Wuozopo 4,293]

15 hours ago, Angela & Brendon said:

Hi all,

 

I have a quick question. In filling in the i-485, they ask the question "Have you ever been arrested, cited, charged, or detained for any reason by any law enforcement official(including but not limited to any U.S. immigration official or any official of the U.S armed forces or U.S. Coast Guard)?"

 

I was running for a train in New York in 2018, and ran through an open turnstile without swiping my Metrocard. An officer stopped me and took my details, I got a fine which I paid the following day, and the officer said as long as I paid the fine on time it wouldn't go on my record. However, would this count as being detained by law enforcement? Thanks!

I would say you were cited for an offense and even fined so I would admit it. Read what it says before the list of questions about even if you were told you no longer have a record.

 

 

Edited March 3, 2021 by Wuozopo

[Angela & Brendon 160]

On 3/3/2021 at 1:26 PM, Wuozopo said:

I would say you were cited for an offense and even fined so I would admit it. Read what it says before the list of questions about even if you were told you no longer have a record.

 

 

Pretty sure with a citation you are still required to appear in court, which I was not. I'll check with our lawyer though. 

[Wuozopo 4,293]

2 hours ago, Angela & Brendon said:

Pretty sure with a citation you are still required to appear in court, which I was not. I'll check with our lawyer though. 

My only experience was a traffic violation from a State trooper in which I had the option to send in the fine or appear in court to plead not guilty. I think that’s pretty common to pay a fine and skip court.  I submitted the information and fine receipt at my naturalisation interview and there was no issue because it was quite minor.

[fdgv1 2]

recently i got a mta fare evasion ticket (yellow one) which fines me $100. and i am gonna apply for naturalization. therefore, may i ask if your fare evasion affects your green card application? 

[Angela & Brendon 160]

8 hours ago, fdgv1 said:

recently i got a mta fare evasion ticket (yellow one) which fines me $100. and i am gonna apply for naturalization. therefore, may i ask if your fare evasion affects your green card application? 

On my application I stated that this had happened, but my interview has been scheduled so I'm guessing so far it hasn't been a barrier? Also EAD and AP both got approved without difficulty, so I guess they are potentially more interested in serious crimes? I'm not sure why you got a fine but we got one because we were trying to catch a train and were running late, which I don't feel is a very serious crime. 

[fdgv1 2]

30 minutes ago, Angela & Brendon said:

On my application I stated that this had happened, but my interview has been scheduled so I'm guessing so far it hasn't been a barrier? Also EAD and AP both got approved without difficulty, so I guess they are potentially more interested in serious crimes? I'm not sure why you got a fine but we got one because we were trying to catch a train and were running late, which I don't feel is a very serious crime. 

thx for replying. i left my wallet so…. anyway it is my fault. so your ticket also is the yellow one which fined u $100, right?

[Angela & Brendon 160]

8 hours ago, fdgv1 said:

thx for replying. i left my wallet so…. anyway it is my fault. so your ticket also is the yellow one which fined u $100, right?

Honestly it was like three years ago so I don't exactly remember, but that sounds about right (let's say between $50 and $100). That ticket won't go on your permanent record though, so I wouldn't worry about it. Besides, I've heard the officers don't really care about things like tickets, it's more serious crimes or arrests that they look down on. 

[fdgv1 2]

33 minutes ago, Angela & Brendon said:

Honestly it was like three years ago so I don't exactly remember, but that sounds about right (let's say between $50 and $100). That ticket won't go on your permanent record though, so I wouldn't worry about it. Besides, I've heard the officers don't really care about things like tickets, it's more serious crimes or arrests that they look down on. 

actually, i also hold a same opinion with u until my friend got his naturalization denied recently. he is totally clean on his record except the only one mta fare evasion ticket. 

 

his lawyer also was surprised for his denial and he is gonna appeal. 

 

this is why i m so anxious now. hopefully, i will be lucky enough to pass in next year.

 

besides, can u let me know if u passed your gc interview after u have it? there is nothing special, and i just want to know if the ticket will affect gc or naturalization application. thanks

[Angela & Brendon 160]

3 hours ago, fdgv1 said:

actually, i also hold a same opinion with u until my friend got his naturalization denied recently. he is totally clean on his record except the only one mta fare evasion ticket. 

 

his lawyer also was surprised for his denial and he is gonna appeal. 

 

this is why i m so anxious now. hopefully, i will be lucky enough to pass in next year.

 

besides, can u let me know if u passed your gc interview after u have it? there is nothing special, and i just want to know if the ticket will affect gc or naturalization application. thanks

That's fairly amazing he got a denial. When was his interview? I've heard of several people in a similar situation where it had absolutely no problem for them. My GC interview probably isn't for a while but I'll definitely let you know. 

[fdgv1 2]

9 minutes ago, Angela & Brendon said:

That's fairly amazing he got a denial. When was his interview? I've heard of several people in a similar situation where it had absolutely no problem for them. My GC interview probably isn't for a while but I'll definitely let you know. 

ok got it. thx for letting know that. 

 

my friend got his denial on last friday (sept. 10). everyone is astonished when they heard this. even his lawyer has no idea what the hell was going on, the lawyer has filed a n365 form ( i forgot the form number) for him to appeal his case.

 

this is why i m so anxious now, u know what i even post my situation on the reddit. no one can help. lol

[powerpuff 6,697]

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